Federal Register of Legislation - Australian Government

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Crimes Amendment Regulations 1998 (No. 2)

Authoritative Version
  • - F1998B00378
  • No longer in force
SR 1998 No. 361 Regulations as made
These Regulations amend the Crimes Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR08-Feb-1999
Tabled Senate15-Feb-1999
Gazetted 22 Dec 1998
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013
Table of contents.

Crimes Amendment Regulations 1998 (No. 2)

Statutory Rules 1998    No. 361

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Crimes Act 1914.

Dated 17 December 1998.

WILLIAM DEANE
Governor-General

By His Excellency’s Command,

amanda vanstone

Minister for Justice and Customs

 


Crimes Amendment Regulations 1998 (No. 2)1

Statutory Rules 1998    No. 3612

made under the

 

 

 

Contents

                                                                                                                 Page

                        1     Name of regulations                                                       

                        2     Commencement                                                             

                        3     Amendment of Crimes Regulations                                 

Schedule 1       Amendment of Crimes Regulations                     

 


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1           Name of regulations

                     These regulations are the Crimes Amendment Regulations 1998 (No. 2).

2           Commencement

                     These regulations commence on 24 January 1999.

3           Amendment of Crimes Regulations

                     Schedule 1 amends the Crimes Regulations.

 


Schedule 1        Amendment of Crimes Regulations

(regulation 3)

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[1]         Regulation 1

             substitute

1       Name of regulations

                These regulations are the Crimes Regulations 1990.

[2]         After regulation 6A

             insert

6B    Appropriately qualified persons

         (1)   For paragraph (b) of the definition of appropriately qualified in section 23WA of the Act, a person mentioned in an item in Schedule 3B is qualified to carry out the forensic procedure mentioned in that item.

         (2)   In Schedule 3B, a reference to a forensic scientist or forensic technician is a reference to 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 or Territory.

[3]         After Schedule 3A

             insert

Schedule 3B      Appropriately qualified persons

(regulation 6A)

 

Item

Forensic procedure

Qualified person

1

external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts

forensic scientist

forensic technician

2

taking of a sample of blood

forensic scientist

forensic technician

for a fingerprick only: constable

3

taking of a sample of saliva, or a sample by buccal swab

forensic scientist

forensic technician

constable

4

taking of a sample of pubic hair

forensic scientist

forensic technician

5

taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts

forensic scientist

forensic technician

6

taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts

forensic scientist

forensic technician

7

taking of a photograph of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts

medical practitioner

forensic scientist

forensic technician

8

external examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing

forensic scientist

forensic technician

constable

9

taking of a sample of hair other than pubic hair

forensic scientist

forensic technician

10

taking of a sample from a nail or from under a nail

forensic scientist

forensic technician

11

taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

forensic scientist

forensic technician

12

taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

forensic scientist

forensic technician

13

taking of a photograph of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts

for a photograph:

constable

medical practitioner

forensic scientist

forensic technician

for an impression or cast of a wound: medical practitioner

forensic scientist

forensic technician

Notes

1.       These regulations amend Statutory Rules 1990 No. 227, as amended by 1991 Nos. 235 and 258; 1992 Nos. 91 and 276; 1994 No. 297; 1995 No. 23; 1996 Nos. 7, 125, 228 and 264; 1997 No. 14; 1998 No. 68.

2.       Made by the Governor-General on 17 December 1998, and notified in the Commonwealth of Australia Gazette on 22 December 1998.  Administered by the Minister for Justice and Customs.