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 9A - Carrying out forensic procedures at the request of a foreign country or international tribunal  

    Subdivision A - Requests by foreign countries or international tribunals  

    SECTION 23YQB   Providing evidence and material resulting from the forensic procedure  

    (1)  
    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.




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