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 23YDAE   Use of information on Commonwealth DNA database system or NCIDD  

    (1)  


    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.

    (2)  


    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.

    (3)  
    This section does not apply to information that cannot be used to discover the identity of any person.




    This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.