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 23YDAD   Supply of forensic material for purposes of DNA database  

    (1)  


    A person commits an offence if:


    (a) the person engages in conduct; and


    (b) the person ' s conduct results in the forensic material taken from any person, and which is required to be destroyed, under this Part or under a corresponding law of a participating jurisdiction, to be supplied to another person; and


    (c) the person is reckless as to whether the forensic material is required to be destroyed and the supply of the material to the other person; and


    (d) the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the Commonwealth DNA database system.

    Penalty: Imprisonment for 2 years.

    (2)  


    A person commits an offence if:


    (a) the person engages in conduct; and


    (b) that conduct results in the supply of forensic material to any person and the person is reckless as to that result; and


    (c) the person is reckless as to whether the forensic material is not excluded forensic material; and


    (d) the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the Commonwealth DNA database system.

    Penalty: Imprisonment for 2 years.

    (3)  
    In this section:

    excluded forensic material
    means forensic material:


    (a) found at a crime scene; or


    (b) taken from a suspect in accordance with Division 3, 4 or 5 or under a corresponding law of a participating jurisdiction; or


    (c) taken from a serious offender or a volunteer in accordance with Division 6A or 6B or under a corresponding law of a participating jurisdiction; or


    (d) taken from the body of a deceased person; or


    (e) that is from the body of a missing person; or


    (f) taken from a volunteer who is a relative by blood of a deceased or missing person.




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