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

27   Section 23XU

Repeal the section, substitute:

23XU Samples - sufficient material to share

(1) This section applies if:

(a) a sample is taken from a suspect under this Part; and

(b) the suspect requests the investigating constable that the sample be shared; and

(c) there is sufficient material to be analysed both in the investigation of the offence and on behalf of the suspect.

(2) The investigating constable must invite the suspect to nominate an accredited laboratory to which a part of the material sufficient for analysis will be provided on behalf of the suspect.

(3) If the suspect nominates an accredited laboratory, the investigating constable must ensure that:

(a) a part of the material sufficient for analysis is provided to that laboratory, on behalf of the suspect, within the period of 28 days beginning on the day of the nomination; and

(b) reasonable care is taken to ensure that the suspect’s part of the material is protected and preserved until it is provided to that laboratory.

Note: Division 9 contains provisions about making material available to the suspect.

(4) The suspect must bear the costs in relation to any analysis of that part of the material provided to that laboratory.