CRIMES ACT 1914
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
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:
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.
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.
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.
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:
(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.
(Repealed by No 125 of 2004)
(Repealed by No 103 of 2013)