Criminal Investigations (Bodily Samples) Amendment Act 2013
Criminal Investigations (Bodily Samples) Amendment Act 2013
| Public Act | 2013 No 112 |
| Date of assent | 4 December 2013 |
| Commencement | see section 2 |
Contents
4 Section 4A amended (Detained under sentence of imprisonment)
5 Section 24P amended (Information that may be kept on Part 2B temporary databank)
6 Section 36 amended (Withdrawal of consent after sample taken)
7 Section 39C amended (Date and place for taking of sample to be specified in databank compulsion notice)
8 Section 40 amended (Databank compulsion notice of no effect if conviction for relevant offence quashed)
9 Section 41 amended (Databank compulsion notice hearing may be requested on certain grounds)
10 Section 43A amended (Change of circumstances before databank compulsion notice hearing takes place or is completed)
11 Section 44 amended (Further databank compulsion notice)
12 Section 45 amended (Judge may issue warrant for arrest and detention)
13 Section 47 amended (Variation by Judge on application of place and date for taking sample)
14 Section 60A amended (Disposal of bodily samples and identifying information obtained under Part 2B)
15 Section 61 amended (Extension of period for which sample may be retained)
16 Section 62 amended (Disposal of bodily samples and identifying information obtained under Part 3)
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Criminal Investigations (Bodily Samples) Amendment Act 2013.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act
This Act amends the Criminal Investigations (Bodily Samples) Act 1995 (the principal Act).
4 Section 4A amended (Detained under sentence of imprisonment)
-
(1) In section 4A(1), replace
“a relevant offence”
with“an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”
.(2) In section 4A(2)(a),—
(a) replace
“a relevant offence”
with“an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”
; and
(b) replace
“the relevant offence”
with“the offence”
in each place.
(3) In section 4A(2)(b), replace
“a relevant offence”
with“an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”
.(4) In section 4A(3), replace
“a relevant offence”
with“an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”
.
5 Section 24P amended (Information that may be kept on Part 2B temporary databank)
-
(1) In section 24P(a), delete
“relevant”
.(2) In section 24P, insert as subsection (2):
-
“(2) In this section, related offence means—
“(a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or
“(b) a related relevant offence, if the bodily sample was taken under section 24K.”
-
6 Section 36 amended (Withdrawal of consent after sample taken)
In section 36(2), replace
“a relevant offence”
with“an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”
.
7 Section 39C amended (Date and place for taking of sample to be specified in databank compulsion notice)
In section 39C(3) and (4), delete
“relevant”
in each place.
8 Section 40 amended (Databank compulsion notice of no effect if conviction for relevant offence quashed)
-
(1) In the heading to section 40, delete
“for relevant offence”
.(2) In section 40(1), delete
“relevant”
.
9 Section 41 amended (Databank compulsion notice hearing may be requested on certain grounds)
-
(1) In section 41(2)(a)(i), replace
“a relevant offence”
with“an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”
.(2) In section 41(2)(a)(ii), delete
“relevant”
.(3) In section 41(2)(b), delete
“relevant”
.(4) In section 41(2)(e), delete
“relevant”
in each place.(5) In section 41(4), delete
“relevant”
in each place.
10 Section 43A amended (Change of circumstances before databank compulsion notice hearing takes place or is completed)
In section 43A(1), delete
“relevant”
in each place.
11 Section 44 amended (Further databank compulsion notice)
In section 44(2), delete
“relevant”
in each place.
12 Section 45 amended (Judge may issue warrant for arrest and detention)
In section 45(3)(b), delete
“relevant”
in each place.
13 Section 47 amended (Variation by Judge on application of place and date for taking sample)
In section 47(2)(b), delete
“relevant”
in each place.
14 Section 60A amended (Disposal of bodily samples and identifying information obtained under Part 2B)
-
(1) In section 60A(3)(a), delete
“relevant”
.(2) After section 60A(4), insert:
-
“(5) In this section, related offence means—
“(a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or
“(b) a related relevant offence, if the bodily sample was taken under section 24K.”
-
15 Section 61 amended (Extension of period for which sample may be retained)
-
(1) In section 61(3)(a), delete
“relevant”
.(2) After section 61(5), insert:
-
“(6) In this section, related offence means—
“(a) a related imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule, if the bodily sample was taken under section 24J; or
“(b) a related relevant offence, if the bodily sample was taken under section 24K.”
-
16 Section 62 amended (Disposal of bodily samples and identifying information obtained under Part 3)
In section 62(4)(a), replace
“a relevant offence”
with“an imprisonable offence or offence against any of the provisions listed in Part 3 of the Schedule”
.
Legislative history | |
|---|---|
| 19 November 2013 | Divided from Statutes Amendment Bill (Bill 89–2) by committee of the whole House, third reading |
| 4 December 2013 | Royal assent |
This Act is administered by the Ministry of Justice.