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:
Any forensic evidence resulting from the forensic procedure must be provided to the requesting entity in accordance with a direction described in subsection (3). (2)
Material (or a copy) relating to the request that was made available to, or viewed by, a person under subsection 23YF(1) (about recordings) may only be provided to the requesting entity in accordance with a direction described in subsection (3). (3)
The direction is one given by the Attorney-General under the following provision:
(a) section 28C of the Mutual Assistance in Criminal Matters Act 1987 , if the request was made by a foreign country;
(b) section 76B of the International Criminal Court Act 2002 , if the request was made by the ICC;
(c) section 32C of the International War Crimes Tribunals Act 1995 , if the request was made by a War Crimes Tribunal. (4)
This section does not limit the directions that can be given under that provision.