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 11A
-
Operation of this Part in relation to certain incidents
History
Div 11A (heading) substituted by No 125 of 2004, s 3 and Sch 3 item 2, effective 16 August 2004. Div 11A (heading) formerly read:
Division 11A
-
Operation of this Part in relation to overseas incidents
Div 11A inserted by No 88 of 2002, s 3 and Sch 1 item 1, effective 12 October 2002.
SECTION 23YUF
Application of this Division
23YUF(1)
This Division applies in relation to the following incidents:
(a)
the bombings that occurred in Bali, Indonesia on 12 October 2002 (local time);
(b)
any incident that the Minister, by legislative instrument, determines to be an incident in relation to which this Division applies.
History
S 27YUF(1) amended by No 103 of 2013, s 3 and Sch 3 item 76, by substituting
"
, by legislative instrument, determines
"
for
"
determines, in writing,
"
, effective 29 June 2013.
S 23YUF(1) amended by No 125 of 2004, s 3 and Sch 3 item 3, by omitting
"
occurring outside Australia and Norfolk Island
"
after
"
any incident
"
in para (b), effective 16 August 2004.
23YUF(2)
Before making a determination under paragraph (1)(b), the Minister must be satisfied that:
(a)
if the determination would relate to an incident occurring wholly outside Australia and Norfolk Island
-
one or more Australian citizens or Australian residents have died in or as a result of the incident; and
(b)
it is appropriate in the circumstances for this Division to apply in relation to the incident.
History
S 23YUF(2) amended by No 125 of 2004, s 3 and Sch 3 item 4, by inserting
"
if the determination would relate to an incident occurring wholly outside Australia and Norfolk Island
-
"
before
"
one or more
"
in para (a), effective 16 August 2004.
23YUF(2A)
The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless:
(a)
the Minister suspects on reasonable grounds that the incident involves the commission of:
(i)
an offence against a law of the Commonwealth; or
(ii)
a State offence that has a federal aspect; or
(iii)
an offence against a law of a Territory; or
(b)
the Minister suspects on reasonable grounds that victims of the incident are persons of a kind with respect to whom the Commonwealth Parliament has power to make laws; or
(c)
the Minister is satisfied that the incident is or has created a national emergency, including an emergency to which a national emergency declaration (within the meaning of the
National Emergency Declaration Act 2020
) relates.
History
S 23YUF(2A) amended by No 129 of 2020, s 3 and Sch 1 item 19, by inserting
"
, including an emergency to which a national emergency declaration (within the meaning of the
National Emergency Declaration Act 2020
) relates
"
in para (c), effective 16 December 2020.
S 23YUF(2A) inserted by No 125 of 2004, s 3 and Sch 3 item 5, effective 16 August 2004.
23YUF(2B)
Without limiting paragraph (2A)(b), the reference in that paragraph to persons of a kind with respect to whom the Commonwealth Parliament has power to make laws includes references to the following:
(a)
aliens;
(b)
persons receiving pensions, benefits or allowances from the Commonwealth;
(c)
members of the Australian Defence Force;
(d)
persons employed by, or holding an office in, the Commonwealth;
(e)
residents of a Territory.
History
S 23YUF(2B) amended by No 100 of 2005, s 3 and Sch 1 item 11, by substituting
"
paragraph (2A)(b)
"
for
"
paragraph (1)(b)
"
, effective 16 August 2004.
S 23YUF(2B) inserted by No 125 of 2004, s 3 and Sch 3 item 5, effective 16 August 2004.
23YUF(2C)
(Repealed by No 125 of 2004)
History
S 23YUF(2C) repealed by No 125 of 2004, s 3 and Sch 3 item 6, effective 22 December 2004. S 23YUF formerly read:
23YUF(2C)
A State offence is taken, for the purposes of subparagraph (2A)(a)(ii), to have a federal aspect if:
(a)
it has a federal aspect within the meaning of section 4A of the
Australian Crime Commission Act 2002
; or
(b)
it would have a federal aspect within the meaning of that section if the references in paragraph 4A(2)(d) of that Act to the Australian Crime Commission included references to the Australian Federal Police.
S 23YUF(2C) inserted by No 125 of 2004, s 3 and Sch 3 item 5, effective 16 August 2004.
23YUF(3)
(Repealed by No 103 of 2013)
History
S 23YUF(3) repealed by No 103 of 2013, s 3 and Sch 3 item 77, effective 29 June 2013. S 23YUF(3) formerly read:
23YUF(3)
A determination under paragraph (1)(b) is a disallowable instrument for the purposes of section
46A
of the
Acts Interpretation Act 1901
.
S 23YUF inserted by No 88 of 2002, s 3 and Sch 1 item 1, effective 12 October 2002.
View history note
Hide history note