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 23YUD   Database Information  

    (1)  


    The Minister may, on behalf of the Commonwealth, enter into arrangements with a responsible Minister of a participating jurisdiction under which:


    (a) information from the Commonwealth DNA database system is to be transmitted to the appropriate authority in the participating jurisdiction; and


    (b) information from the State/Territory DNA database system of the participating jurisdiction is to be transmitted to the Commissioner.

    These arrangements may deal with keeping, and otherwise managing, such information. Subject to subsection (1B), these arrangements may also deal with using such information

    (1A)  


    The ACC may, on behalf of the Commonwealth, enter into an arrangement with a participating jurisdiction in relation to:


    (a) transmission of information to or from the Commonwealth DNA database system, or any State/Territory DNA database system; or


    (b) keeping, and otherwise managing, such information; or


    (c) subject to subsection (1B), using such information.

    (1AA)  


    Subject to subsection (1B), an arrangement with a participating jurisdiction under subsection (1A) may deal with:


    (a) the ACC comparing information transmitted in accordance with that arrangement with other information on NCIDD; and


    (b) the ACC identifying matches that are found because of such comparisons and the ACC transmitting information arising from such matches to that participating jurisdiction.

    (1AB)  
    Subsection (1AA) does not limit subsection (1A).

    (1B)  


    Information that is transmitted under this section must not be used except for the purpose of:


    (a) the investigation of a matter relating to the participating jurisdiction, or proceedings in respect of that matter; or


    (b) the investigation of a matter relating to the Commonwealth, or proceedings in respect of that matter.

    (2)  
    Information that is transmitted under this section must not be recorded, or maintained in any database of information that may be used to discover the identity of a person or to obtain information about an identifiable person at any time after this Part or a corresponding law of a participating jurisdiction requires the forensic material to which it relates to be destroyed.

    (3)  


    In this section:

    CrimTrac
    (Repealed by No 45 of 2016)

    investigation of a matter
    means:


    (a) in relation to a participating jurisdiction:


    (i) an investigation of an offence against the law of that jurisdiction; or

    (ii) an investigation of a missing person; or

    (iii) an investigation for the purpose of identifying a deceased person; or


    (b) in relation to the Commonwealth:


    (i) an investigation of an offence against the law of the Commonwealth; or

    (ii) an investigation of a missing person; or

    (iii) an investigation for the purpose of identifying a deceased person.




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