Senate

Crimes Legislation Amendment (Powers and Offences) Bill 2011

Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, The Honourable Nicola Roxon MP)

[1]
The Report of the Independent Review of Part 1D of the Crimes Act 1914 . http://www.ag.gov.au/www/agd/agd.nsf/Page/Publications_ReportofindependentreviewofPart1DoftheCrimesAct1914-Forensicprocedures-March2003

[2]
DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 Report http://www.ag.gov.au/www/agd/rwpattach.nsf/VAP/(689F2CCBD6DC263C912FB74B15BE8285+

[3]
Recommendation 7 of The Report of the Independent Review of Part 1D of the Crimes Act 1914 . http://www.ag.gov.au/www/agd/agd.nsf/Page/Publications_ReportofindependentreviewofPart1DoftheCrimesAct1914-Forensicprocedures-March2003> ; Recommendation 11-1 ALRC/ AHEC Protection of Human Genetic Information Report ' Essentially Yours' < http://www.alrc.gov.au/publications/11-regulating-access-genetic-testing/laboratory-accreditation

[4]
DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 Report, paragraph 3.8.6

[5]
DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 Report, page 14.

[6]
DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 Report, paragraph 3.5.2.

[7]
See above. Paragraph 3.5.5

[8]
DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 Report, paragraph 3.2.2

[9]
Ibid. Paragraph 3.2.4

[10]
Ibid. Paragraph 3.2.5

[11]
DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 Report, Recommendation 6(e)

[12]
DNA Forensic Procedures: Further Independent Review of Part 1D of the Crimes Act 1914 Report, Recommendation 8(a) (modified)

[13]
Under paragraph 20(1)(b) of the Crimes Act, a court may sentence a person convicted of a federal offence to imprisonment but direct that the person be released, either immediately or after he or she has served a specified period of imprisonment, upon the giving of security that he or she will comply with certain conditions. This type of order is referred to in the Crimes Act as a 'recognizance release order'. It is analogous to a suspended sentence.


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