Document ID: chunk:federal_register_of_legislation:C2004C01233:clause:1_63
Version: federal_register_of_legislation:C2004C01233
Segment Type: clause
Provision Reference: sch 1 cl 63
Character Range: 45773–47118

63  Subsection 23YD(4)
Repeal the subsection, substitute:

 (4) If a warrant for the apprehension of the suspect is issued during the period of 12 months after forensic material is taken, the forensic material must be destroyed as soon as practicable after:
 (a) the warrant lapses; or
 (b) a period of 12 months elapses after the suspect is apprehended.

 (5) A magistrate may, on application by a constable or the Director of Public Prosecutions, extend for a period not exceeding 12 months the period for which forensic material may be retained under this section, if the magistrate is satisfied there are special reasons for doing so.

 (6) A magistrate to whom an application is made under subsection (5) is not to extend the period unless:
 (a) the person from whom the forensic material was taken has been notified by the applicant for the extension that the application has been made; and
 (b) the person or his or her legal representative or interview friend (if any) has been given the opportunity to speak to or make a submission to the magistrate concerning the extension.

 (7) An extension in relation to particular forensic material may be given on more than one occasion.

 (8) The magistrate is to ensure that the responsible person in relation to the DNA database system is notified of any extension given under this section.