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 23YDAE
Use of information on Commonwealth DNA database system or NCIDD
(1)
A person commits an offence if the person accesses information stored on the Commonwealth DNA database system or NCIDD otherwise than in accordance with this section.
Penalty: Imprisonment for 2 years.
History
S 23YDAE(1) amended by No 4 of 2016, s 3 and Sch 4 items 1 and 75, by substituting
"
commits
"
for
"
is guilty of
"
, effective 10 March 2016.
S 23YDAE(1) amended by No 130 of 2006, s 3 and Sch q item 22, by substituting
"
Commonwealth DNA database system or NCIDD
"
for
"
DNA database system
"
, 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).
(2)
A person may access information stored on the Commonwealth DNA database system or NCIDD for one or more of the following purposes:
(a)
the purpose of forensic comparison permitted under section
23YDAF
(permissible matching);
(b)
the purpose of making the information available, in accordance with the regulations, to the person to whom the information relates;
(c)
the purpose of administering the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system;
(d)
the purpose of any arrangement mentioned in subsection
23YUD(1)
or
(1A)
entered into between the Commonwealth and a State or Territory for the provision of access to information contained in the Commonwealth DNA database system or a State/Territory DNA database system by law enforcement officers or by any other persons prescribed by the regulations;
(da)
the purpose of assisting a foreign country or international tribunal to decide whether to make a request;
(e)
the purpose of and in accordance with the
Mutual Assistance in Criminal Matters Act 1987
, the
International Criminal Court Act 2002
, the
International War Crimes Tribunals Act 1995
or the
Extradition Act 1988
;
(f)
the purpose of a coronial inquest or inquiry;
(g)
the purpose of an investigation of a complaint by the Information Commissioner of the Commonwealth or of a participating jurisdiction.
History
S 23YDAE(2) amended by No 34 of 2018, s 3 and Sch 1 items 124 and 125, by substituting para (da) and inserting
"
, the
International Criminal Court Act 2002
, the
International War Crimes Tribunals Act 1995
"
in para (e), effective 22 November 2018. For application provision, see note under the definition of
"
authorising provision
"
in s
23WA(1)
. Para (da) formerly read:
(da)
the purpose of assisting a foreign country to decide whether to make a request under the
Mutual Assistance in Criminal Matters Act 1987
;
S 23YDAE(2) amended by No 24 of 2012, s 3 and Sch 1 item 59, by inserting para (da), effective 5 April 2012. No 24 of 2012, s 3 and Sch 1 item 75(7) contains the following application provision:
75 Application provision
…
(7)
The amendments made by items 59 and 66 do not affect by implication the interpretation of sections 23YDAE and
23YO
of the
Crimes Act 1914
at a time before the commencement of those items
[
ie 5 April 2012].
…
S 23YDAE(2) amended by No 51 of 2010, s 3 and Sch 5 item 13, by substituting
"
Information Commissioner
"
for
"
Privacy Commissioner
"
in para (g), effective 1 November 2010.
S 23YDAE(2) amended by No 130 of 2006, s 3 and Sch 1 items 23 to 26, by substituting
"
stored on the Commonwealth DNA database system or NCIDD
"
for
"
stored on the DNA database system
"
, substituting
"
Commonwealth DNA database system, NCIDD or a State/Territory DNA database system
"
for
"
DNA database system
"
in para (c), inserting
"
mentioned in subsection 23YUD(1) or (1A)
"
after
"
arrangement
"
and substituting
"
Commonwealth DNA database system or a State/Territory DNA database system
"
for
"
DNA database system
"
in para (d), 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).
(3)
This section does not apply to information that cannot be used to discover the identity of any person.
History
S 23YDAE inserted by No 22 of 2001, s 3 and Sch 1 item 65, effective 6 October 2001.
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