Explanatory Memorandum

(Circulated by authority of the Minister for Justice and Customs, Senator the Hon Chris Ellison)

Crimes Act Amendment (Forensic Procedures) Bill (No. 1) 2006

OUTLINE

The purpose of the Bill is to ensure that inter-jurisdictional DNA profile matching, using the National Criminal Investigation DNA Database (NCIDD), may be implemented by all corresponding law jurisdictions within Australia. The Crimes Act Amendment (Forensic Procedures) Bill (No. 1) 2006 (the Bill) will address specific impediments, raised by the States and Territories, which hitherto have prevented inter-jurisdictional DNA profile matching.

The main impediment to inter-jurisdictional DNA profile matching is that under current legislation, States and Territories cannot transfer DNA profiles from their DNA databases to the Commonwealth, and the Commonwealth cannot disclose DNA profile information that it holds to the States and Territories. The Bill will amend the Crimes Act 1914 to allow the transfer of information so that inter-jurisdictional DNA matching can occur; thus the Bill will allow NCIDD to be used for the purpose originally intended for it.

Amendments in the Bill, in relation to the lawful use of forensic material collected and held on NCIDD, will make it clear that Commonwealth law is intended to apply to the Commonwealth DNA database system, including the portion of the Commonwealth DNA database integrated into NCIDD.

The Bill also corrects drafting errors currently existing in the Crimes Act.

FINANCIAL IMPACT STATEMENT

As the effect of the proposed amendments is to clarify the use of NCIDD, it is expected that there will be no financial impact.

NOTES ON CLAUSES

Clause 1: Short title

This clause sets out the short title by which this Act may be cited - Crimes Act Amendment (Forensic Procedures) Act (No. 1) 2006.

Clause 2: Commencement

This clause provides that this Act commences on the day after it receives the Royal Assent.

Clause 3: Schedule(s)

This clause provides that the amendments to the Crimes Act 1914 made by this Act are set out in a Schedule.