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 8A
-
Commonwealth and State/Territory DNA database systems
History
Div 8A heading substituted by No 130 of 2006, s 3 and Sch 1 item 12, 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).
Div 8A heading formerly read:
Division 8A
-
DNA database system
Div 8A inserted by No 22 of 2001, s 3 and Sch 1 item 65, effective 6 October 2001.
SECTION 23YDAC
Definitions
(1)
In this Part:
Commonwealth agency
means:
(a)
the Commonwealth; or
(b)
an authority of the Commonwealth.
History
Definition of
"
Commonwealth agency
"
inserted by No 130 of 2006, s 3 and Sch 1 item 13, effective 5 November 2006.
Commonwealth DNA database system
means a database (whether in computerised or other form and however described) that is managed by the Commonwealth and that contains:
(a)
the following indexes of DNA profiles (in so far as they relate to material taken or obtained by a Commonwealth agency and, in relation to a crime scene index, in so far as it also relates to material taken or obtained by a foreign law enforcement agency (within the meaning of the
Australian Crime Commission Act 2002
)):
(i)
a crime scene index;
(ii)
a missing persons index;
(iii)
an unknown deceased persons index;
(iv)
a serious offenders index;
(v)
a volunteers (unlimited purposes) index;
(vi)
a volunteers (limited purposes) index;
(vii)
a suspects index;
and, if the material is forensic material, information that may be used to identify the person from whose forensic material each DNA profile was derived; and
(b)
a statistical index (in so far as it relates to forensic material taken in accordance with this Part); and
(c)
any other index prescribed by the regulations for the purposes of this definition.
History
Definition of
"
Commonwealth DNA database system
"
amended by No 24 of 2012, s 3 and Sch 1 items 53 and 54, by substituting
"
that is managed by the Commonwealth and that contains
"
for
"
containing
"
and inserting
"
and, in relation to a crime scene index, in so far as it also relates to material taken or obtained by a foreign law enforcement agency (within the meaning of the
Australian Crime Commission Act 2002
)
"
in para (a), effective 5 April 2012. No 24 of 2012, s 3 and Sch 1 item 75(6) contains the following application provision:
75 Application provision
…
(6)
The amendments made by items 53 to 55 do not affect the continuity of the Commonwealth DNA database system referred to in section 23YDAC of the
Crimes Act 1914
or of the crime scene index referred to in that section.
…
Definition of
"
Commonwealth DNA database system
"
inserted by No 130 of 2006, s 3 and Sch 1 item 14, 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).
crime scene index
means an index of DNA profiles derived from forensic material found:
(a)
at any place (whether within or outside Australia) where an offence (whether a prescribed offence or an offence under the law of a participating jurisdiction) was, or is reasonably suspected of having been, committed; or
(aa)
at any place outside Australia where an offence under the law of a foreign country was, or is reasonably suspected of having been, committed; or
(ab)
at any place outside Australia where:
(i)
a crime within the jurisdiction of the ICC; or
(ii)
a War Crimes Tribunal offence;
was, or is reasonably suspected of having been, committed; or
(b)
on or within the body of the victim, or a person reasonably suspected of being a victim, of a prescribed offence; or
(c)
on anything worn or carried by the victim at the time when a prescribed offence was, or is reasonably suspected of having been, committed; or
(d)
on or within the body of any person, on any thing, or at any place, associated with the commission of a prescribed offence.
History
Definition of
"
crime scene index
"
amended by No 34 of 2018, s 3 and Sch 1 item 123, by inserting para (ab), effective 22 November 2018. For application provision, see note under the definition of
"
authorising provision
"
in s
23WA(1)
.
Definition of
"
crime scene index
"
amended by No 24 of 2012, s 3 and Sch 1 item 55, by inserting para (aa), effective 5 April 2012. No 24 of 2012, s 3 and Sch 1 item 75(6) contains the following application provision:
75 Application provision
…
(6)
The amendments made by items 53 to 55 do not affect the continuity of the Commonwealth DNA database system referred to in section 23YDAC of the
Crimes Act 1914
or of the crime scene index referred to in that section.
…
DNA database system
(Repealed by No 130 of 2006)
History
Definition of
"
DNA database system
"
repealed by NO caafp1 of 2006, s 3 and Sch 1 item 15, 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 definition formerly read:
DNA database system
means a database (whether in computerised or other form and however described) containing:
(a)
the following indexes of DNA profiles:
(i)
a crime scene index;
(ii)
a missing persons index;
(iii)
an unknown deceased persons index;
(iv)
a serious offenders index;
(v)
a volunteers (unlimited purposes) index;
(vi)
a volunteers (limited purposes) index;
(vii)
a suspects index;
and information that may be used to identify the person from whose forensic material each DNA profile was derived; and
(b)
a statistical index; and
(c)
any other index prescribed by the regulations.
missing persons index
means an index of DNA profiles derived from forensic material of:
(a)
persons who are missing; and
(c)
volunteers who are relatives by blood of missing persons.
National Criminal Investigation DNA Database
or
NCIDD
means the database that is known as the National Criminal Investigation DNA Database and that is managed by the Commonwealth.
History
Definition of
"
National Criminal Investigation DNA Database
"
inserted by No 130 of 2006, s 3 and Sch 1 item 16, effective 5 November 2006.
NCIDD
: see
National Criminal Investigation DNA Database
.
History
Definition of
"
NCIDD
"
inserted by No 130 of 2006, s 3 and Sch 1 item 17, effective 5 November 2006.
serious offenders index
means an index of DNA profiles derived from forensic material taken from:
(a)
serious offenders in accordance with Division
6A
, or under a corresponding law of a participating jurisdiction; and
(b)
suspects who have been convicted of a prescribed offence or an offence under a corresponding law of a participating jurisdiction.
State/Territory DNA database system
means a database (whether in computerised or other form and however described) held by, or on behalf of, a participating jurisdiction for the purposes of a corresponding law.
Note:
See also subsection (2).
History
Definition of
"
State/Territory DNA database system
"
amended by No 24 of 2012, s 3 and Sch 1 item 56, by inserting the note at the end, effective 5 April 2012.
Definition of
"
State/Territory DNA database system
"
inserted by No 130 of 2006, s 3 and Sch 1 item 18, effective 5 November 2006.
statistical index
means an index of information that:
(a)
is obtained from the analysis of forensic material taken from persons in accordance with this Part or under a corresponding law of a participating jurisdiction; and
(b)
has been compiled for statistical purposes; and
(c)
cannot be used to discover the identity of persons from whom the forensic material was taken.
suspects index
means an index of DNA profiles derived from forensic material taken from suspects in accordance with Division
3
,
4
or
5
or under a corresponding law of a participating jurisdiction.
unknown deceased persons index
means an index of DNA profiles derived from forensic material of deceased persons whose identities are unknown.
volunteers (limited purposes) index
means an index of DNA profiles derived from forensic material taken in accordance with Division
6B
or under a corresponding law of a participating jurisdiction from volunteers who (or whose parents or guardians) have been informed that information obtained will be used only for a purpose specified to them under paragraph
23XWR(2)(ba)
.
History
Definition of
"
volunteers (limited purposes) index
"
amended by No 24 of 2012, s 3 and Sch 1 item 57, by substituting
"
paragraph 23XWR(2)(ba)
"
for
"
paragraph 23XWR(2)(b)
"
, effective 5 April 2012.
volunteers (unlimited purposes) index
means an index of DNA profiles derived from forensic material taken:
(a)
from volunteers who (or whose parents or guardians) have been informed under paragraph
23XWR(2)(c)
that information obtained may be used for the purpose of a criminal investigation or any other purpose for which the Commonwealth DNA database system may be used under this Division, in accordance with Division
6B
, or under a corresponding law of a participating jurisdiction; and
(b)
from deceased persons whose identity is known.
History
Definition of
"
volunteers (unlimited purposes) index
"
amended by No 130 of 2006, s 3 and Sch 1 item 19, by substituting
"
Commonwealth DNA database system
"
for
"
DNA database system
"
in para (a), 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).
History
S 23YDAC(1) renumbered from s 23YDAC by No 24 of 2012, s 3 and Sch 1 item 52, by inserting
"
(1)
"
before
"
In this
"
, effective 5 April 2012.
S 23YDAC(1) (formerly s 23YDAC) inserted by No 22 of 2001, s 3 and Sch 1 item 65, effective 6 October 2001.
(2)
For a participating jurisdiction, the database referred to in the definition of
State/Territory DNA database system
in subsection (1) may be that part of NCIDD that relates to that participating jurisdiction.
History
S 23YDAC(2) inserted by No 24 of 2012, s 3 and Sch 1 item 58, effective 5 April 2012.
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