Crimes Legislation Amendment (Powers and Offences) Act 2012 (24 of 2012)

Schedule 1   Forensic procedures

Part 1   Amendments commencing on day after Royal Assent

Crimes Act 1914

32   At the end of section 23XUA

Add:

(4) The analyst may give instructions to the attendee relating to the analysis of the material.

(5) The analyst may give a direction to the attendee to leave the premises at which the analysis is being conducted if the attendee fails to comply with such an instruction.

(6) If the analyst gives such a direction, the analyst must inform the attendee that a failure to comply with the direction is an offence against subsection (7). A failure to comply with this subsection does not affect the validity of the direction.

(7) The attendee commits an offence if:

(a) the attendee is given a direction under subsection (5); and

(b) the attendee fails to comply with the direction.

Penalty: 30 penalty units.

(8) An offence against subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.