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 23YDAF   Permissible matching of DNA profiles  

    (1)  


    A matching of a DNA profile on an index of the Commonwealth DNA database system specified in column 1 of the following table with a DNA profile on another index of the system specified in column 2, 3, 4, 5, 6, 7 or 8 of the table is not permitted by this Part if:


    (a) " no " is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the index specified in column 1; or


    (b) " only if within purpose " is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1 and the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed.


    Profile to be matched Is matching permitted?
    Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8
    Crime scene Suspects Volunteers (limited purposes) Volunteers (unlimited purposes) Serious offenders Missing persons Unknown deceased persons
    1. crime scene yes yes only if within purpose yes yes yes yes
    2. suspects yes yes only if within purpose yes yes yes yes
    3. volunteers (limited purposes) only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose only if within purpose
    4. volunteers (unlimited purposes) yes yes only if within purpose yes yes yes yes
    5. serious offenders yes yes only if within purpose yes yes yes yes
    6. missing persons yes yes only if within purpose yes yes yes yes
    7. unknown deceased persons yes yes only if within purpose yes yes yes yes

    (2)  


    A person commits an offence if:


    (a) the person ' s conduct causes the matching that is not permitted by this Part of a DNA profile on an index of the Commonwealth DNA database system with a DNA profile on the same or another index of the Commonwealth DNA database system; and


    (b) the person is reckless as to any such matching of profiles.

    Penalty: Imprisonment for 2 years.

    (3)  


    This section does not make it an offence for conduct to cause a matching that is not permitted by this Part if the matching is solely for the purpose of administering the Commonwealth DNA database system.
    Note:

    A defendant bears the evidential burden in relation to the matter in subsection (3) - see subsection 13.3(3) of the Criminal Code .




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