South Australia
Criminal Law (Forensic Procedures) (Blood Testing for Diseases) Amendment Bill 2014
A Bill For
An Act to amend the Criminal Law (Forensic Procedures) Act 2007.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Criminal Law (Forensic Procedures) Act 2007
4	Amendment of long title
5	Amendment of section 3—Interpretation
6	Insertion of Part 2 Division 4
Division 4—Blood testing of certain persons for communicable diseases
20A	Interpretation
20B	Senior police officer may require certain persons to provide blood sample
7	Amendment of section 31—Use of force
8	Insertion of section 34A
34A	Forensic material obtained under Part 2 Division 4
9	Insertion of section 39A
39A	Destruction of forensic material obtained under Part 2 Division 4
10	Insertion of section 48A
48A	Inadmissibility of evidence relating to forensic procedure under Part 2 Division 4
11	Amendment of section 58—Regulations

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Criminal Law (Forensic Procedures) (Blood Testing for Diseases) Amendment Act 2014.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law (Forensic Procedures) Act 2007
4—Amendment of long title
Long title—after "offences" insert:
and for other purposes
5—Amendment of section 3—Interpretation
Section 3(1), definition of suspects procedure—delete the definition and substitute:
suspects procedure means a forensic procedure authorised under Part 2 Division 2 and includes, for the purposes of Part 3, a forensic procedure authorised under Part 2 Division 4;
6—Insertion of Part 2 Division 4
After section 20 insert:
Division 4—Blood testing of certain persons for communicable diseases
20A—Interpretation
In this Division—
biological material of a person means the person's blood or bodily fluids or any other biological material of the person that is capable of communicating or transmitting a disease;
prescribed serious offence—the following are prescribed serious offences:
	(a)	an offence against section 20 of the Criminal Law Consolidation Act 1935 where the victim is a police officer acting in the course of his or her official duties;
	(b)	an offence against section 23 of the Criminal Law Consolidation Act 1935 where the victim is a police officer acting in the course of his or her official duties;
	(c)	an offence against section 24 of the Criminal Law Consolidation Act 1935 where the victim is a police officer acting in the course of his or her official duties;
	(d)	an offence against section 29 of the Criminal Law Consolidation Act 1935 where the victim is a police officer acting in the course of his or her official duties;
	(e)	an offence against Part 3A of the Criminal Law Consolidation Act 1935;
	(f)	an offence against section 6 of the Summary Offences Act 1953;
	(g)	an offence against section 6A of the Summary Offences Act 1953;
	(h)	any other serious offence prescribed by the regulations.
20B—Senior police officer may require certain persons to provide blood sample
	(1)	A forensic procedure consisting of the taking of a sample of blood may be carried out on a person under this Division if a senior police officer (the authorising officer) is satisfied that—
	(a)	the person is suspected of a prescribed serious offence; and
	(b)	it is likely that a police officer came into contact with, or was otherwise exposed to, biological material of the person as a result of the suspected offence.
	(2)	The authorising officer must make a written record of the grounds on which he or she determined that the forensic procedure should be carried out on a person under this Division and a copy of the record must be given to the person.
	(3)	For the avoidance of doubt, a forensic procedure may be carried out on a person under this Division whether or not the person is in lawful custody.
	(4)	This section applies whether the relevant offence was committed before, on or after the commencement of this section.
7—Amendment of section 31—Use of force
Section 31(1)(b)—delete "evidence obtained from" and substitute:
material obtained by carrying out
8—Insertion of section 34A
After section 34 insert:
34A—Forensic material obtained under Part 2 Division 4
Forensic material obtained from a person by carrying out a forensic procedure under Part 2 Division 4 must not be used for a purpose other than testing the material for communicable diseases.
9—Insertion of section 39A
After section 39 insert:
39A—Destruction of forensic material obtained under Part 2 Division 4
The Commissioner of Police must ensure that forensic material obtained from a person by carrying out a forensic procedure under Part 2 Division 4 is destroyed as soon as is reasonably practicable after the material has been tested for communicable diseases in accordance with section 34A.
10—Insertion of section 48A
After section 48 insert:
48A—Inadmissibility of evidence relating to forensic procedure under Part 2 Division 4
The results of a test of forensic material obtained from a person by carrying out a forensic procedure under Part 2 Division 4 or any admission or statement made by a person in relation to such a forensic procedure—
	(a)	will not be admissible in evidence against the person who submitted to the forensic procedure in any proceedings, other than—
	(i)	proceedings for an offence against this Act; or
	(ii)	civil proceedings in connection with death or bodily injury caused by or arising out of the serious offence to which the forensic procedure relates; and
	(b)	may not be relied on as grounds for the exercise of any search power or the obtaining of any search warrant.
11—Amendment of section 58—Regulations
Regulation 58(2)—before paragraph (a) insert:
	(aa)	the carrying out of forensic procedures under Part 2 Division 4, the testing of forensic material obtained by such forensic procedures for communicable diseases (including by prohibiting the carrying out of tests of a specified kind) and the communication of the results of such testing to the Commissioner of Police; and