Crimes (Forensic Procedures) Act 2002

No. 2, 2002

Compilation No. 1

Compilation date:    18 June 2015

Includes amendments up to: Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)

Prepared Date:   3 September 2015

CRIMES (FORENSIC PROCEDURES) ACT 2002

TABLE OF PROVISIONS

Section

 1. Short title

 2. Commencement

 3. Definition

 4. Application of the Crimes (Forensic Procedures) Act 2000

 5. Application to offences

    Schedule 1

Crimes (Forensic Procedures) Act 2002

An Act about forensic procedures and other matters.

BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows:

Short title

 1. This Act may be cited as the Crimes (Forensic Procedures) Act 2002.

Commencement

 2. This Act shall commence on the day on which notification of its assent is published in the Gazette.             

Definition

 3. In this Act, unless the contrary intention appears –

“the Crimes (Forensic Procedures) Act 2000” means the Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory, as at 9 April 2002.

Application of the Crimes (Forensic Procedures) Act 2000

 4. The provisions of the Crimes (Forensic Procedures) Act 2000 apply, by force of this Act, in Norfolk Island as a law of Norfolk Island, subject to the modifications prescribed in Schedule 1.

Application to offences

 5. To remove any doubt, this Act is intended to apply to offences committed before or after the commencement of this Act.

SCHEDULE 1

(Section 4)

In the application in Norfolk Island of the Crimes (Forensic Procedures) Act 2000 –

(a)                 a reference in that Act to the Australian Capital Territory or Territory shall be read as a reference to Norfolk Island;

(b)                 a reference in that Act to a court in the context of an application for an order of a forensic procedure shall be read as a reference to the Court of Petty Sessions of Norfolk Island;

(c)                 a reference in that Act to a court or a court of law in the context other than an application for an order of a forensic order shall be read as a reference to the Court of Petty Sessions of Norfolk Island, the Supreme Court of Norfolk Island or an appeals court, as the case may be;

(d)                 a reference in that Act to a magistrate shall be read as a reference to the Chief Magistrate or to 3 Magistrates holding office under the Court of Petty Sessions Act 1960;

(e)                 a reference in that Act to the Executive shall be read as a reference to the Commonwealth Minister;

(f)                  a reference in that Act to the director of public prosecutions shall be read as a reference to the Crown Counsel or the Deputy Crown Counsel of Norfolk Island (or the equivalent officer);

(g)                 a reference in that Act to the police or a police officer shall be read as a reference to a member of the Police Force of Norfolk Island;

(h)                 a reference in that Act to a jury shall be a reference to a jury under the Juries Act 1960;

(i)                  a reference in that Act to a warrant shall be a reference to a warrant issued under the law of Norfolk Island;

(j)                  a reference in that Act to a doctor shall be read as a reference to a registered medical practitioner under any legislation of Australia;

(k)                 a reference in that Act to a dentist shall be read as a reference to a registered dentist under any legislation of Australia;

(l)                  a reference in that Act to a nurse shall be read as a reference to a registered nurse under any legislation of Australia;

(m)               a reference in that Act to a lawyer shall be read as reference to a barrister, solicitor, barrister and solicitor or legal practitioner entered onto the High Court Register of Practitioners or on the roll, however described, of the Supreme Court of a State or Territory;

(n)                 a reference in that Act to a penalty unit shall be read as a reference to a penalty unit as defined in the Interpretation Act 1979; and

(o)                 a reference in that Act to “this Act” shall be read as referring to the Crimes (Forensic Procedures) Act 2000 in its application to Norfolk Island;

(p) subsection 112(2) of that Act is omitted and does not apply to Norfolk Island;

(q) a reference in the Dictionary of that Act to the following defined words are amended –

(i)                  “infringement notice” – the reference to the Road Transport (General) Act 1999 shall be read as a reference to the Road Traffic Act 1982;

(ii)                “prison” – the reference to the Removal of Prisoners Act 1968 shall be read as a reference to the Administration Act 1936 and the Periodic Detention Act 1996;

(iii)              “prison medical officer” – the reference to “under the Remand Centres Act 1976” is omitted;

(iv)               “remand centre” – the reference is omitted and substituted with “includes a gaol or detention centre under the Administration Act 1936 and the Periodic Detention Act 1996”;

(v)                 “summary offence” – the reference to “the Legislation Act 2001, section 136” shall be read as a reference to “a law of Norfolk Island”;

(vi)               “warrant” – the definition is omitted and substituted with “for the apprehension of a person, is a warrant issued under a law of Norfolk Island for the arrest or apprehension of that person”.

NOTES

The Crimes (Forensic Procedures) Act 2002 as shown in this consolidation comprises Act No. 2 of 2002 and amendments as indicated in the Tables below.

Table of Amendments