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 23YDAF
Permissible matching of DNA profiles
(1)
A matching of a DNA profile on an index of the Commonwealth DNA database system specified in column 1 of the following table with a DNA profile on another index of the system specified in column 2, 3, 4, 5, 6, 7 or 8 of the table is not permitted by this Part if:
(a)
"
no
"
is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the index specified in column 1; or
(b)
"
only if within purpose
"
is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1 and the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed.
|
Profile to be matched
|
Is matching permitted?
|
|
Column 1
|
Column 2
|
Column 3
|
Column 4
|
Column 5
|
Column 6
|
Column 7
|
Column 8
|
|
Crime scene
|
Suspects
|
Volunteers (limited purposes)
|
Volunteers (unlimited purposes)
|
Serious offenders
|
Missing persons
|
Unknown deceased persons
|
| 1. crime scene |
yes |
yes |
only if within purpose |
yes |
yes |
yes |
yes |
| 2. suspects |
yes |
yes |
only if within purpose |
yes |
yes |
yes |
yes |
| 3. volunteers (limited purposes) |
only if within purpose |
only if within purpose |
only if within purpose |
only if within purpose |
only if within purpose |
only if within purpose |
only if within purpose |
| 4. volunteers (unlimited purposes) |
yes |
yes |
only if within purpose |
yes |
yes |
yes |
yes |
| 5. serious offenders |
yes |
yes |
only if within purpose |
yes |
yes |
yes |
yes |
| 6. missing persons |
yes |
yes |
only if within purpose |
yes |
yes |
yes |
yes |
| 7. unknown deceased persons |
yes |
yes |
only if within purpose |
yes |
yes |
yes |
yes |
History
S 23YDAF(1) amended by No 130 of 2006, s 3 and Sch 1 items 27 to 29, by substituting
"
Commonwealth DNA database system
"
for
"
DNA database system
"
and substituting
"
yes
"
for
"
no
"
in column 3, 5 and 7 of table item 2, column 3 and 5 of table item 4 and in column 5 of table item 5, 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 23YDAF(1) amended by No 136 of 2005, s 3 and Sch 1 items 8 to 16, by substituting
"
only if within purpose
"
for
"
no
"
in column 4 of table items 1 and 2, column 3, 4 and 5 of table item 3 and column 4 of table items 4 and 5 and by substituting
"
only if within purpose
"
for
"
yes
"
in column 4 of table items 6 and 7, effective 16 November 2005.
S 23YDAF(1) amended by No 41 of 2003, s 3 and Sch 1 item 7A, by substituting
"
yes
"
for
"
no
"
in column 8 of table item 7, effective 3 June 2003.
(2)
A person commits an offence if:
(a)
the person
'
s conduct causes the matching that is not permitted by this Part of a DNA profile on an index of the Commonwealth DNA database system with a DNA profile on the same or another index of the Commonwealth DNA database system; and
(b)
the person is reckless as to any such matching of profiles.
Penalty: Imprisonment for 2 years.
History
S 23YDAF(2) 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 23YDAF(2) amended by No 130 of 2006, s 3 and Sch 1 item 30, by substituting
"
Commonwealth DNA database system
"
for
"
DNA database system
"
(wherever occurring) 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).
(3)
This section does not make it an offence for conduct to cause a matching that is not permitted by this Part if the matching is solely for the purpose of administering the Commonwealth DNA database system.
Note:
A defendant bears the evidential burden in relation to the matter in subsection (3)
-
see subsection
13.3(3)
of the
Criminal Code
.
History
S 23YDAF(3) amended by No 130 of 2006, s 3 and Sch 1 item 31, by substituting
"
Commonwealth DNA database system
"
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).
S 23YDAF inserted by No 22 of 2001, s 3 and Sch 1 item 65, effective 6 October 2001.
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