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:
A person commits an offence if the person accesses information stored on the Commonwealth DNA database system or NCIDD otherwise than in accordance with this section.
Penalty: Imprisonment for 2 years.
A person may access information stored on the Commonwealth DNA database system or NCIDD for one or more of the following purposes:
(a) the purpose of forensic comparison permitted under section 23YDAF (permissible matching);
(b) the purpose of making the information available, in accordance with the regulations, to the person to whom the information relates;
(c) the purpose of administering the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system;
(d) the purpose of any arrangement mentioned in subsection 23YUD(1) or (1A) entered into between the Commonwealth and a State or Territory for the provision of access to information contained in the Commonwealth DNA database system or a State/Territory DNA database system by law enforcement officers or by any other persons prescribed by the regulations;
(da) the purpose of assisting a foreign country or international tribunal to decide whether to make a request;
(e) the purpose of and in accordance with the Mutual Assistance in Criminal Matters Act 1987 , the International Criminal Court Act 2002 , the International War Crimes Tribunals Act 1995 or the Extradition Act 1988 ;
(f) the purpose of a coronial inquest or inquiry;
(g) the purpose of an investigation of a complaint by the Information Commissioner of the Commonwealth or of a participating jurisdiction.
This section does not apply to information that cannot be used to discover the identity of any person.