Part ID
-
Forensic procedures
History
Part ID (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 40, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1D
-
Forensic procedures
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
•
suspects in relation to indictable offences (Divisions
3
,
4
and
5
); and
•
offenders in relation to prescribed and serious offences (Division
6A
); and
•
volunteers (Division
6B
).
If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division
6
.
If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division
7
).
However, certain rules are modified or do not apply if the forensic procedure is carried out in response to a request by a foreign country or an international tribunal, or a request by a foreign law enforcement agency (Division
9A
).
This Part also:
•
contains offences in relation to the Commonwealth DNA database system and the National Criminal Investigation DNA Database (
NCIDD
) (Division
8A
); and
•
provides for the whole or a part of the Commonwealth DNA database system to be integrated with the whole or a part of one ore more State/Territory DNA database systems to form part of NCIDD (Division
8A
); and
•
provides for the exchange of information in the Commonwealth DNA database system or a State/Territory DNA database system and the protection of the information that is exchanged (Division
11
); and
•
provides for the destruction of forensic material (Division
8
).
History
Simplified outline amended by No 34 of 2018, s 3 and Sch 1 item 101, by substituting
"
or an international tribunal,
"
for
"
(as contemplated by the Mutual Assistance in Criminal Matters Act 1987)
"
, effective 22 November 2018. For application provision, see note under the definition of
"
authorising provision
"
in s
23WA(1)
.
Simplified outline amended by No 7 of 2012, s 3 and Sch 3 item 70, by inserting the para relating to Div 9A, effective 20 September 2012.
Simplified outline amended by No 130 of 2006, s 3 and Sch 1 item 1, by substituting all the words from and including
"
This Part also
"
, effective 5 November 2006. No 130 of 2006, s 3 and Sch 1 item 52 contains the following transitional provision:
Transitional
52
For the purposes of the application of Part ID of the
Crimes Act 1914
after 5 November 2006, a reference to the Commonwealth DNA database system is taken, in relation to a thing that happened before 5 November 2006, to include a reference to the DNA database system (within the meaning of that Act as in force immediately before 5 November 2006).
The words formerly read:
This Part also provides for:
•
the establishing of a DNA database system (Division
8A
); and
•
offences in relation to the DNA database system (Division
8A
); and
•
the protection of information stored in the DNA database system (Division
11
); and
•
the destruction of forensic material (Division
8A
).
Simplified Outline substituted by No 22 of 2001, s 3 and Sch 1 item 4, effective 6 October 2001. The Simplified Outline formerly read:
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on people who are suspects in relation to indictable offences.
In different circumstances, forensic procedures may be carried out on suspects:
•
with the informed consent of the suspect; or
•
by order of a senior constable; or
•
by order of a magistrate.
If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division
6
.
If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division
7
).
If a forensic procedure authorised by this Part is not carried out as required by this Part (in particular Division
6
), evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division
7
).
Division
11
provides for the taking of blood samples from people convicted of serious offences.
Division 11
-
Interjurisdictional enforcement
History
Division 11 inserted by No 22 of 2001, s 3 and Sch 1 item 81, effective 6 October 2001.
SECTION 23YUD
Database Information
(1)
The Minister may, on behalf of the Commonwealth, enter into arrangements with a responsible Minister of a participating jurisdiction under which:
(a)
information from the Commonwealth DNA database system is to be transmitted to the appropriate authority in the participating jurisdiction; and
(b)
information from the State/Territory DNA database system of the participating jurisdiction is to be transmitted to the Commissioner.
These arrangements may deal with keeping, and otherwise managing, such information. Subject to subsection (1B), these arrangements may also deal with using such information
History
S 23YUD(1) amended by No 130 of 2006, s 3 and Sch 1 items 40 to 41A, by substituting
"
Commonwealth DNA database system
"
for
"
DNA database system of the Commonwealth
"
in para (a) and substituting
"
the State/Territory DNA database system of the participating jurisdiction
"
for
"
a DNA database system of the participating jurisdiction
"
in para (b) and inserting
"
Subject to subsection (1B), these arrangements may also deal with using such information
"
at the end, effective 5 November 2006. No 130 of 2006, s 3 and Sch 1 item 52 contains the following transitional provision:
Transitional
52
For the purposes of the application of Part ID of the
Crimes Act 1914
after 5 November 2006, a reference to the Commonwealth DNA database system is taken, in relation to a thing that happened before 5 November 2006, to include a reference to the DNA database system (within the meaning of that Act as in force immediately before 5 November 2006).
S 23YUD(1) substituted by No 136 of 2005, s 3 and Sch 1 item 17, effective 16 November 2005. No 136 of 2005, s 3 and Sch 1 item 19, contains the following transitional provision.
19 Transitional
-
arrangements under subsection 23YUD(1) of the
Crimes Act 1914
(1)
This item applies to an arrangement if:
(a)
the arrangement was entered into under subsection 23YUD(1) of the
Crimes Act 1914
; and
(b)
the arrangement was in force immediately before 16 November 2005.
(2)
The arrangement has effect, after 16 November 2005, as if it had been entered into under subsection 23YUD(1) of the
Crimes Act 1914
as amended by this Schedule.
S 23YUD(1) formerly read:
(1)
The Minister may, on behalf of the Commonwealth, enter into arrangements with a responsible Minister of a participating jurisdiction under which:
(a)
information from the DNA database system of the Commonwealth that may be relevant to the investigation of a matter relating to the participating jurisdiction is to be transmitted to the appropriate authority in that jurisdiction for the purpose of the investigation of, or proceedings in respect of, that matter; and
(b)
information from a DNA database system of the participating jurisdiction that may be relevant to the investigation of a matter relating to the Commonwealth is to be transmitted to the Commissioner for the purposes of the investigation of, or proceedings in respect of, that matter.
These arrangements may deal with keeping, and otherwise managing, such information.
S 23YUD(1) and (1A) substituted for s 23YUD(1) by No 41 of 2003, s 3 and Sch 1 item 7D, effective 1 March 2003. S 23YUD(1) formerly read:
(1)
The Minister may enter into arrangements with a responsible Minister of a participating jurisdiction under which:
(a)
information from the DNA database system of the Commonwealth that may be relevant to the investigation of an offence against the law of the participating jurisdiction is to be transmitted to the appropriate authority in that jurisdiction for the purpose of the investigation of, or proceedings in respect of, that offence; and
(b)
information from a DNA database system of the participating jurisdiction that may be relevant to the investigation of an offence against the law of the Commonwealth is to be transmitted to the Commissioner for the purposes of the investigation of, or proceedings in respect of, that offence.
Act No 41 of 2003, s 3 and Sch 1 item 7F contained the following transitional provision:
Transitional provision for existing arrangements under subsection 23YUD(1)
7F
An arrangement that:
(a)
was entered into under subsection 23YUD(1) of the
Crimes Act 1914
before 1 March 2003; and
(b)
was in force immediately before 1 March 2003;
continues in force after that commencement as if it had been entered into under that subsection as amended by this Schedule.
(1A)
The ACC may, on behalf of the Commonwealth, enter into an arrangement with a participating jurisdiction in relation to:
(a)
transmission of information to or from the Commonwealth DNA database system, or any State/Territory DNA database system; or
(b)
keeping, and otherwise managing, such information; or
(c)
subject to subsection (1B), using such information.
History
S 23YUD(1A) amended by No 45 of 2016, s 3 and Sch 2 item 1, by substituting
"
The ACC
"
for
"
CrimTrac
"
, effective 1 July 2016. No 45 of 2016, s 3 and Sch 2 item 10 contains the following transitional provision:
10 Arrangement in relation to database information
10
An arrangement under subsection 23YUD(1A) of the
Crimes Act 1914
between CrimTrac and a participating jurisdiction that is in effect immediately before the commencement of this Schedule is taken, immediately after that commencement, to be an arrangement between the ACC and the participating jurisdiction.
S 23YUD(1A) amended by No 130 of 2006, s 3 and Sch 1 items 42 to 43A, by substituting
"
CrimTrac may, on behalf of the Commonwealth, enter into an arrangement
"
for
"
For the avoidance of doubt, this section does not preclude CrimTrac from entering into a memorandum of understanding or other arrangement, on behalf of the Commonwealth
"
and substituting
"
Commonwealth DNA database system, or any State/Territory DNA database system
"
for
"
DNA database system of the Commonwealth, or a DNA database system of any participating jurisdiction
"
in para (a) and inserting para (c), effective 5 November 2006. No 130 of 2006, s 3 and Sch 1 item 52 contains the following transitional provision:
Transitional
52
For the purposes of the application of Part ID of the
Crimes Act 1914
after 5 November 2006, a reference to the Commonwealth DNA database system is taken, in relation to a thing that happened before 5 November 2006, to include a reference to the DNA database system (within the meaning of that Act as in force immediately before 5 November 2006).
S 23YUD(1) and (1A) substituted for s 23YUD(1) by No 41 of 2003, s 3 and Sch 1 item 7D, effective 1 March 2003.
(1AA)
Subject to subsection (1B), an arrangement with a participating jurisdiction under subsection (1A) may deal with:
(a)
the ACC comparing information transmitted in accordance with that arrangement with other information on NCIDD; and
(b)
the ACC identifying matches that are found because of such comparisons and the ACC transmitting information arising from such matches to that participating jurisdiction.
History
S 23YUD(1AA) amended by No 45 of 2016, s 3 and Sch 2 item 2, by substituting
"
the ACC
"
for
"
CrimTrac
"
(wherever occurring), effective 1 July 2016.
S 23YUD(1AA) inserted by No 130 of 2006, s 3 and Sch 1 item 43B, effective 5 November 2006.
(1AB)
Subsection (1AA) does not limit subsection (1A).
History
S 23YUD(1AB) inserted by No 130 of 2006, s 3 and Sch 1 item 43B, effective 5 November 2006.
(1B)
Information that is transmitted under this section must not be used except for the purpose of:
(a)
the investigation of a matter relating to the participating jurisdiction, or proceedings in respect of that matter; or
(b)
the investigation of a matter relating to the Commonwealth, or proceedings in respect of that matter.
History
S 23YUD(1B) inserted by No 136 of 2005, s 3 and Sch 1 item 18, effective 16 November 2005.
(2)
Information that is transmitted under this section must not be recorded, or maintained in any database of information that may be used to discover the identity of a person or to obtain information about an identifiable person at any time after this Part or a corresponding law of a participating jurisdiction requires the forensic material to which it relates to be destroyed.
History
S 23YUD inserted by No 22 of 2001, s 3 and Sch 1 item 81, effective 6 October 2001.
(3)
In this section:
CrimTrac
(Repealed by No 45 of 2016)
History
Definition of
"
CrimTrac
"
repealed by No 45 of 2016, s 3 and Sch 2 item 3, effective 1 July 2016. The definition formerly read:
CrimTrac
means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the
Public Service Act 1999
.
investigation of a matter
means:
(a)
in relation to a participating jurisdiction:
(i)
an investigation of an offence against the law of that jurisdiction; or
(ii)
an investigation of a missing person; or
(iii)
an investigation for the purpose of identifying a deceased person; or
(b)
in relation to the Commonwealth:
(i)
an investigation of an offence against the law of the Commonwealth; or
(ii)
an investigation of a missing person; or
(iii)
an investigation for the purpose of identifying a deceased person.
History
S 23YUD(3) inserted by No 41 of 2003, s 3 and Sch 1 item 7E, effective 1 March 2003.
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