Australian Capital Territory
Crimes (Forensic Procedures) Regulations 2000     No 56
made under the
Crimes (Forensic Procedures) Act 2000
Republication No 3
Effective:  6 May 2003
Republication date: 6 May 2003
Last amendment made by SL2003-11

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Crimes (Forensic Procedures) Regulations 2000, made under the Crimes (Forensic Procedures) Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 May 2003.  It also includes any amendment, repeal or expiry affecting the republished law to 6 May 2003.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Crimes (Forensic Procedures) Regulations 2000
made under the
Crimes (Forensic Procedures) Act 2000
Contents
	Page
	1	Name of regulations	2
	3	Definitions for regulations	2
	4	Appropriately qualified persons	2
	5	Use or disclosure of information on DNA databases—Act, s 96 (2) (d), s 111 (2) (a) and (d)	2
	6	Corresponding law—Act, s 100, def of corresponding law	3
Schedule 1	Appropriately qualified persons	5
Schedule 2	Corresponding provisions	8
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13
	4	Amendment history	13
	5	Earlier republications	14

Australian Capital Territory
Crimes (Forensic Procedures) Regulations 2000     

made under the
Crimes (Forensic Procedures) Act 2000

    

  

1	Name of regulations
	These regulations are the Crimes (Forensic Procedures) Regulations 2000.
3	Definitions for regulations
	In these regulations:
forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by—
	(a)	the Australian Federal Police; or
	(b)	the police force or police service of a State.
forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by—
	(a)	the Australian Federal Police; or
	(b)	the police force or police service of a State.
Note	A definition in this regulation applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
4	Appropriately qualified persons
	For the Act, section 13, a person mentioned in an item in schedule 1 is qualified to carry out a forensic procedure mentioned in the item.
5	Use or disclosure of information on DNA databases—Act, s 96 (2) (d), s 111 (2) (a) and (d)
	(1)	A person may access information stored on the DNA database system for the purpose of any arrangement entered into between the Territory and the Commonwealth or a State for the provision of access to information contained on the database system by an authorised person.
	(2)	A person may disclose information stored on the DNA database system for the purpose of—
	(a)	forensic comparison in the course of a criminal investigation by an authorised person; and
	(b)	any arrangement entered into between the Territory and the Commonwealth or a State for the provision of access to information contained on the database system by an authorised person.
	(3)	In this regulation:
authorised person means a person who—
	(a)	is engaged or employed by a forensic laboratory that is accredited with the National Association of Testing Authorities of Australia; and
	(b)	in that capacity, provides forensic services to law enforcement officers of the Territory, the Commonwealth or a State.
6	Corresponding law—Act, s 100, def of corresponding law
	(1)	The following laws are declared to be corresponding laws:
	(a)	the Crimes Act 1914 (Cwlth);
	(b)	the Crimes (Forensic Procedures) Act 2000 (NSW);
	(c)	the Crimes Act 1958 (Vic), part 3, division 1, subdivision 30A;
	(d)	the Police Powers and Responsibilities Act 2000 (Qld), chapter 8;
	(e)	the Criminal Investigation (Identifying People) Act 2002 (WA);
	(f)	the Criminal Law (Forensic Procedures) Act 1998 (SA);
	(g)	the Forensic Procedures Act 2000 (Tas);
	(h)	the Juvenile Justice Act 1983 (NT), sections 31, 31A, 31B, 51 and 70B;
	(i)	the Police Administration Act 1978 (NT), part 7, division 7.
	(2)	Without limiting subregulation (1), the provisions of corresponding laws mentioned in an item in schedule 2 are taken to substantially correspond to the provision of the Act mentioned in the item.

Schedule 1	Appropriately qualified persons
(see reg 4)

column 1
item	column 2
forensic procedure	column 3
appropriately qualified people for procedure	
1	external examination of—
•	genital or anal area
•	buttocks
•	breasts of female or transgender person who identifies as female	•	forensic scientist
•	forensic technician 	
2	taking sample of saliva or sample by buccal swab	•	forensic scientist
•	forensic technician
•	police officer	
3	taking photograph of, or impression or cast of, wound from—
•	genital or anal area
•	buttocks
•	breasts of female or transgender person who identifies as female	•	forensic scientist
•	forensic technician 	
4	external examination of part of body (other than—
•	genital or anal area
•	buttocks
•	breasts of female or transgender person who identifies as female)
that requires touching of body or removal of clothing	•	forensic scientist
•	forensic technician
•	police officer	
5	taking sample of hair (other than pubic hair)	•	forensic scientist
•	forensic technician 	
6	taking sample from nail or from under nail	•	forensic scientist
•	forensic technician 	
7	taking sample by swab or washing from any external part of body (other than—
•	genital or anal area
•	buttocks
•	breasts of female or transgender person who identifies as a female)	•	forensic scientist
•	forensic technician 	
8	taking sample by vacuum suction, scraping or lifting by tape from any external part of body (other than—
•	genital or anal area
•	buttocks
•	breasts of female or transgender person who identifies as female)	•	forensic scientist
•	forensic technician 	
9	taking handprint, fingerprint, footprint or toeprint	•	forensic scientist
•	forensic technician
•	police officer	
10	taking photograph of, or impression or cast of wound from, external part of body (other than—
•	genital or anal area
•	buttocks
•	breasts of female or transgender person who identifies as female)	(a)	for a photograph
•	doctor
•	forensic scientist
•	forensic technician
•	police officer
(b)	for an impression or cast of a wound
•	doctor
•	forensic scientist
•	forensic technician	

Note 1	Police officer and doctor are defined in the Legislation Act 2001, dict, pt 1.
Note 2	People mentioned in col 3 as appropriately qualified for the applicable procedure are additional to those mentioned in the Act, s 53.

Schedule 2	Corresponding provisions
(see reg 5)
column 1
item	column 2
ACT Act provision	column 3
corresponding
provisions	
1	part 2.3 (Forensic procedures by consent of suspect)	·	Crimes Act 1914 (Cwlth), part 1D, division 3
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 3
·	Forensic Procedures Act 2000 (Tas), part 2, divisions 1 and 2
	
2	part 2.4 (Non-intimate forensic procedures on suspect by order of a police officer)	·	Crimes Act 1914 (Cwlth), part 1D, division 4
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 4
·	Forensic Procedures Act 2000 (Tas), part 2, divisions 1 and 3
	
3	part 2.5 (Forensic procedures on suspect by order of a magistrate)	·	Crimes Act 1914 (Cwlth), part 1D, division 5
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 5
·	Forensic Procedures Act 2000 (Tas), part 2, divisions 1, 4 and 5
	
4	part 2.6 (Carrying out forensic procedures)	·	Crimes Act 1914 (Cwlth), part 1D, division 6
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 6
·	Forensic Procedures Act 2000 (Tas), part 5
	
5	part 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders)	·	Crimes Act 1914 (Cwlth), part 1D, division 6A
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 7
·	Forensic Procedures Act 2000 (Tas), part 3
	
6	part 2.8 (Carrying out of forensic procedures on volunteers and certain other people)	·	Crimes Act 1914 (Cwlth), part 1D, division 6B
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 8
·	Forensic Procedures Act 2000 (Tas), part 4
	
7	part 2.9 (Admissibility of evidence)	·	Crimes Act 1914 (Cwlth), part 1D, division 7
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 9
·	Forensic Procedures Act 2000 (Tas), part 6
	
8	part 2.10 (Destruction of forensic material)	·	Crimes Act 1914 (Cwlth), part 1D, division 8
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 10
·	Forensic Procedures Act 2000 (Tas), part 7	
9	part 2.11 (DNA database system)	·	Crimes Act 1914 (Cwlth), part 1D, division 8A
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 11
·	Forensic Procedures Act 2000 (Tas), part 8	
10	part 2.13 (Interstate enforcement)	·	Crimes Act 1914 (Cwlth), part 1D, division 11
·	Crimes (Forensic Procedures) Act 2000 (NSW), part 12
·	Forensic Procedures Act 2000 (Tas), part 9, division 1	
11	section 80 (2) (c) (Informed consent of volunteer or parent or guardian of volunteer)	·	Crimes Act 1914 (Cwlth), section 23XWR (1) (c)
·	Crimes (Forensic Procedures) Act 2000 (NSW), section 77 (1) (c)
·	Forensic Procedures Act 2000 (Tas), section 30 (b)	

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Crimes (Forensic Procedures) Regulations SL 2000 No 56
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2)
as amended by
Crimes (Forensic Procedures) Regulations Amendment SL 2001 No 25
notified 26 July 2001 (Gaz 2001 No 30)
commenced 26 July 2001 (reg 1)
Legislation (Consequential Amendments) Act 2001 No 44 pt 91
notified 26 July 2001 (Gaz 2001 No 30)
pt 91 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)
Crimes (Forensic Procedures) Amendment Regulations 2003 (No 1) SL2003-11
notified LR 5 May 2003
reg 1, reg 2 commenced 5 May 2003 (LA s 75 (1))
remainder commenced 6 May 2003 (reg 2)
4	Amendment history
Commencement
reg 2	om R1 (LRA)
Definitions for regulations
reg 3	am Act 2001 No 44 amdt 1.1010
	def the Act om Act 2001 No 44 amdt 1.1009
Use or disclosure of information on DNA databases—Act, s 96 (2) (d), s 111 (2) (a) and (d)
reg 5	ins SL 2001 No 25 reg 3
Corresponding law—Act, s 100, def of corresponding law
reg 6	ins SL 2001 No 25 reg 3
	am SL2003-11 reg 4
Corresponding provisions
sch 2	ins SL 2001 No 25 reg 4
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	15 June 2001	
2	Act 2001 No 44	12 September 2001	

©  Australian Capital Territory 2003