South Australia
Criminal Law (Forensic Procedures) Regulations 2007
under the Criminal Law (Forensic Procedures) Act 2007

Contents
1	Short title
2	Commencement
3	Interpretation
4	Corresponding laws
5	Persons qualified to carry out forensic procedures
6	Registration of orders
7	Fees
Schedule 1—Revocation
1	Revocation of Criminal Law (Forensic Procedures) Regulations 1999
Legislative history

1—Short title
These regulations may be cited as the Criminal Law (Forensic Procedures) Regulations 2007.
2—Commencement
These regulations will come into operation on the day on which the Criminal Law (Forensic Procedures) Act 2007 comes into operation.
3—Interpretation
In these regulations—
Act means the Criminal Law (Forensic Procedures) Act 2007.
4—Corresponding laws
The following laws, as in force from time to time, are prescribed for the purposes of the definition of corresponding law in section 3(1) of the Act:
	(a)	the Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory;
	(b)	Part 1D of the Crimes Act 1914 of the Commonwealth;
	(c)	the Crimes (Forensic Procedures) Act 2000 of New South Wales;
	(d)	Part 2 Division 3 of the Youth Justice Act of the Northern Territory;
	(e)	Part VII Division 7 of the Police Administration Act of the Northern Territory;
	(f)	Chapter 17 of the Police Powers and Responsibilities Act 2000 of Queensland;
	(g)	the Forensic Procedures Act 2000 of Tasmania;
	(h)	Part III Division 1 Subdivision 30A of the Crimes Act 1958 of Victoria;
	(i)	the Criminal Investigation (Identifying People) Act 2002 of Western Australia.
5—Persons qualified to carry out forensic procedures
	(1)	For the purposes of section 24(1)(b) and 55(5) of the Act—
	(a)	a person who is a registered nurse is qualified to carry out a forensic procedure of any type except the taking of a dental impression; and
	(b)	a police officer or a person authorised by the Commissioner of Police is qualified to carry out a forensic procedure (other than an intrusive forensic procedure) consisting of—
	(i)	the taking of prints of the hands, fingers, feet or toes; or
	(ii)	an examination of a part of a person's body; and
	(c)	a person who has satisfactorily completed a course of training approved for the purpose by the Minister is qualified to carry out a forensic procedure (other than an intrusive forensic procedure) consisting of 1 or more of the following:
	(i)	the taking of a sample of hair from a person's body;
	(ii)	the taking of a sample of fingernail or toenail, or material from under a fingernail or toenail;
	(iii)	the taking of a sample of biological or other material from an external part of the body;
	(iv)	the taking of a sample by buccal swab;
	(v)	the taking of a sample of blood by finger‑prick for the purpose of obtaining a DNA profile;
	(vi)	the taking of an impression or cast of a wound.
	(2)	A forensic procedure consisting of the taking of a sample of blood by finger‑prick for the purpose of obtaining a DNA profile should only be carried out by a person in accordance with subregulation (1)(c)(v) if it is not appropriate, in the circumstances, to take a sample by buccal swab for the purpose of obtaining the DNA profile.
6—Registration of orders
	(1)	The Minister will maintain a register of orders for the purposes of section 56(2) of the Act (the Register).
	(2)	The Register—
	(a)	may be kept in electronic form; and
	(b)	must contain the following particulars in relation to each order:
	(i)	the date on which and place at which the order was made;
	(ii)	the name of the court or authority that made the order;
	(iii)	the name of the person against whom the order was made;
	(iv)	the terms of the order.
	(3)	If the Minister has entered into an arrangement with the Minister responsible for the administration of a corresponding law in accordance with section 56(2) of the Act, the Minister will, at the request of the Minister responsible for the administration of the corresponding law, register an order made under the corresponding law in the Register.
	(4)	In any proceedings an apparently genuine document purporting to be a certified copy of, or extract from, the Register will be accepted, in the absence of proof to the contrary, as proof of the matters specified in the copy or extract.
7—Fees
The fee for a copy of an audiovisual recording made under section 26 or 43 of the Act is $10.

Schedule 1—Revocation
1—Revocation of Criminal Law (Forensic Procedures) Regulations 1999
The Criminal Law (Forensic Procedures) Regulations 1999 are revoked.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations
Year	No	Reference	Commencement	
2007	58	Gazette 10.5.2007 p1984 	14.5.2007:  r 2