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 11 - Interjurisdictional enforcement  

    SECTION 23YUA   23YUA   Definitions  


    In this Part:

    appropriate authority
    means:


    (a) in relation to a participating jurisdiction other than the Australian Capital Territory - an authority exercising, in relation to the police force of that jurisdiction, functions corresponding to those of the Commissioner and any other authority prescribed by the regulations; or


    (b) in relation to the Australian Capital Territory - the Commissioner and any other authority prescribed by the regulations.

    corresponding law
    means a law that:


    (a) relates to the carrying out of forensic procedures and DNA databases; and


    (b) either:


    (i) substantially corresponds to this Part; or

    (ii) is prescribed by the regulations for the purposes of this definition.

    DNA database

    participating jurisdiction
    means a State or Territory in which there is a corresponding law in force.

    responsible Minister
    of a participating jurisdiction means a Minister of that jurisdiction who is responsible for administration of a corresponding law.




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