CRIMES ACT 1914

Part ID - 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 ).
  • Division 8A - Commonwealth and State/Territory DNA database systems  

    SECTION 23YDAC   Definitions  

    (1)  
    In this Part:

    Commonwealth agency
    means:


    (a) the Commonwealth; or


    (b) an authority of the Commonwealth.

    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.

    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.

    DNA database system
    (Repealed by No 130 of 2006)

    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.

    NCIDD
    : see National Criminal Investigation DNA Database .

    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).

    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) .

    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.

    (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.



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