Bill returned from the Senate with amendments.

Ordered that the amendments be taken into consideration forthwith.

Senate's amendments—

(1) Schedule 1, item 1, page 19 (line 27), omit "the suspect is a child, or".

(2) Schedule 1, item 1, page 41 (line 5) to page 42 (line 7), omit section 23XN, substitute:

23XN Certain forensic procedures generally to be carried out by person of same sex as suspect

(1) If practicable, an intimate forensic procedure (other than the taking of a sample of blood, a sample of saliva, a buccal swab or a dental impression) is to be carried out:

(a) if the suspect is an adult—by a person of the same sex as the suspect; or

(b) if the suspect is a child—by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect.

(2) If practicable, a non-intimate forensic procedure for which the suspect is required to remove clothing other than his or her overcoat, coat, jacket, gloves, socks, shoes and hat is to be carried out:

(a) if the suspect is an adult—by a person of the same sex as the suspect; or

(b) if the suspect is a child—by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect.

(3) If practicable, a person asked under section 23XO to help carry out a forensic procedure covered by subsection (1) or (2):

(a) is to be:

(i) if the suspect is an adult—a person of the same sex as the suspect; or

(ii) if the suspect is a child—a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, by a person of the same sex as the suspect; and

(b) is to be a person who is not inappropriate to help carry out the forensic procedure.

(3) Schedule 1, item 1, page 53 (after line 34), at the end of section 23YF, add:

(3) If section 23YD requires forensic material taken from a suspect by a forensic procedure to be destroyed, the investigating constable must ensure that any video recording of the carrying out of the forensic procedure is also destroyed.

(4) Schedule 1, item 1, page 60 (after line 10), at the end of Part 1D, add:

Division 13—Review of operation of Part

23YV Review of operation of Part

(1) The Minister must cause an independent review of:

(a) the operation of this Part; and

(b) the extent to which the forensic procedures permitted by this Part have contributed to the conviction of suspects; and

(c) any other matter in relation to this Part which, in the Minister's view, should be considered;

to be undertaken as soon as possible after the second anniversary of the commencement of this Act.

(2) A person who undertakes the review must give the Minister a written report of the review.

(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

(4) In this section:

independent review means a review undertaken by persons who:

(a) in the Minister's opinion, possess appropriate qualifications to undertake the review; and

(b) include a nominee of the Attorney-General, a nominee of the Commissioner of the Australian Federal Police, a nominee of the Director of Public Prosecutions and a nominee of the Ombudsman.

Motion (by Mr Williams) agreed to:

That the amendments be agreed to.