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Legislative Assembly for the ACT: 2000 Week 9 Hansard (6 September) . . Page.. 2920 ..

MR HUMPHRIES (continuing):

this is the one who is authorised to be able to carry out the examination-

must be satisfied on the balance of probabilities that-

(a) the suspect is in custody that is lawful custody; and

(b) if the forensic procedure is a procedure other than the taking of a handprint, fingerprint, footprint or toeprint-the offence for which the person is a suspect is a serious offence and there are reasonable grounds to believe that the suspect committed-

(i) that offence-

or other offences et cetera, et cetera, is a serious offence. A serious offence is defined elsewhere in the bill as an indictable offence.

Mr Stanhope: Read out subclause 27(1) to us.

MR SPEAKER: Order, Mr Stanhope!

MR HUMPHRIES: I just did.

Mr Stanhope: Read the definition of suspect.

MR HUMPHRIES: Mr Speaker, I will read it out now:

A person is authorised to carry out a non-intimate forensic procedure on a suspect in custody by order of a police officer under this Part...

This Part does not authorise the carrying out of a forensic procedure on a person who is a child...

Mr Stanhope: Read proposed section 8 now, Attorney.

MR SPEAKER: Order! The minister is answering Mr Osborne's question.

MR HUMPHRIES: You can read it yourself. You have to read proposed section 8 in conjunction with proposed section 29, Mr Stanhope.

Mr Stanhope: Read proposed section 8 in conjunction with proposed section 27, Attorney.

MR SPEAKER: Mr Stanhope, I would hate to warn you, the Leader of the Opposition, but I am getting very close to it.

MR HUMPHRIES: Now, Mr Speaker, to answer the interjection of Mr Hargreaves: Mr Stanhope said on the radio this morning:

A girl guide selling raffle tickets without the necessary authority can be DNA tested under this legislation, and, more than that, one of the other concerns we have about this legislation is the range-

Blah, blah, blah. He goes on to refer to the girl guide selling raffle tickets. There is no reference to her age, Mr Hargreaves. I table the following paper:

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