Victorian Numbered Acts

CRIMES AMENDMENT (INVESTIGATION POWERS) ACT 2013 (NO. 72 OF 2013) - SECT 11

    (1)     Before section 464ZFB(1) of the Crimes Act 1958 insert —

    "(1AA)     If—

        (a)     a forensic procedure is conducted on a person of or above the age of 18 years in accordance with section 464R, 464SA, 464T(3) or 464V(5); and

        (b)     a court finds the person guilty, or not guilty because of mental impairment, of—

              (i)     the indictable offence in respect of which the forensic procedure was conducted; or

              (ii)     any other indictable offence arising out of the same circumstances; or

              (iii)     any other indictable offence in respect of which evidence obtained as a result of the forensic procedure had probative value—

the sample taken and any related material and information may be retained indefinitely.

    (1AB)     Subsection (1AA) does not apply if—

        (a)     on appeal against conviction, the finding of guilt or conviction referred to in subsection (1AA) is set aside; or

        (b)     on appeal against the verdict of not guilty because of mental impairment, the verdict referred to in subsection (1AA) is set aside.".

    (2)     In section 464ZFB(1) of the Crimes Act 1958 —

        (a)     for paragraph (a) substitute —

    "(a)     a forensic procedure is conducted on a child in accordance with section 464U(7) or 464V(5); and";

        (b)     in paragraph (b), for "person" substitute "child";

        (c)     for "the Magistrates' Court or Children's Court (as the case may be)" substitute
"the Children's Court".

    (3)     In section 464ZFB(1A) of the Crimes Act 1958 —

        (a)     for paragraph (a) substitute —

    "(a)     a forensic procedure is conducted on a child in accordance with section 464U(7) or 464V(5); and";

        (b)     in paragraph (b), for "person" substitute "child".