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Taking and analysis body samples

Registration of Criminals Act 1949

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—(1) For the purpose of this Part, a body sample may only be taken by —(a)a registered medical practitioner;(b)an authorised officer who has received training for the purpose; or(c)any other suitably qualified or trained person who is authorised by the Commissioner of Police for the purpose.(2) Before taking any body sample under this Part, the person authorised under subsection (1) to take the sample must satisfy himself or herself that the taking of the sample does not endanger the person from whom it is to be taken.(3) The fact that a body sample has been taken under this Part must be recorded by the person who took the sample in such form or manner as may be required by the Commissioner of Police.(4) Every body sample taken under this Part must be sent to an authorised analyst for forensic DNA analysis.(5) Where a person from whom a body sample is lawfully required under this Part refuses, without reasonable excuse, to give the sample or to allow the sample to be taken from him or her, or otherwise hinders or obstructs the taking of the sample from him or her —(a)that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and(b)the person authorised under subsection (1) to take the sample may, with such assistance as is required, use such force as is reasonably necessary for the purposes of taking the sample.

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