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 11A - Operation of this Part in relation to certain incidents  

    SECTION 23YUF   Application of this Division  

    23YUF(1)  
    This Division applies in relation to the following incidents:


    (a) the bombings that occurred in Bali, Indonesia on 12 October 2002 (local time);


    (b) any incident that the Minister, by legislative instrument, determines to be an incident in relation to which this Division applies.

    23YUF(2)  
    Before making a determination under paragraph (1)(b), the Minister must be satisfied that:


    (a) if the determination would relate to an incident occurring wholly outside Australia and Norfolk Island - one or more Australian citizens or Australian residents have died in or as a result of the incident; and


    (b) it is appropriate in the circumstances for this Division to apply in relation to the incident.

    23YUF(2A)  


    The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless:


    (a) the Minister suspects on reasonable grounds that the incident involves the commission of:


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

    (ii) a State offence that has a federal aspect; or

    (iii) an offence against a law of a Territory; or


    (b) the Minister suspects on reasonable grounds that victims of the incident are persons of a kind with respect to whom the Commonwealth Parliament has power to make laws; or


    (c) the Minister is satisfied that the incident is or has created a national emergency.

    23YUF(2B)  


    Without limiting paragraph (2A)(b), the reference in that paragraph to persons of a kind with respect to whom the Commonwealth Parliament has power to make laws includes references to the following:


    (a) aliens;


    (b) persons receiving pensions, benefits or allowances from the Commonwealth;


    (c) members of the Australian Defence Force;


    (d) persons employed by, or holding an office in, the Commonwealth;


    (e) residents of a Territory.

    23YUF(2C)  


    (Repealed by No 125 of 2004)

    23YUF(3)  
    (Repealed by No 103 of 2013)




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