crimes-amendment-forensic-procedures-act-2001.pdf, p.6
1 At the end of section 3ZL
crimes-amendment-forensic-procedures-act-2001.pdf, p.41
1 Section 1
Right to use provisions of Part 1D as authority for taking fingerprints
1(4) At the end of section 3ZL
Defines terms for prescribed and serious offenders.
1(5) At the end of section 3ZL
crimes-amendment-forensic-procedures-act-2001.pdf, p.10
10 Crimes Amendment (Forensic Procedures) Act 2001
10 Subsection 23WA(1)
Exercise of a function includes performing a duty.
11 Subsection 23WA(1)
Exercise of a function includes perform a duty.
crimes-amendment-forensic-procedures-act-2001.pdf, p.11
Add “or video recordings” to the definition of forensic material.
12 Subsection 23WA(1) (at the end of paragraph (c) of the
crimes-amendment-forensic-procedures-act-2001.pdf, p.12
Defines member of opposite sex for a person.
12 Crimes Amendment (Forensic Procedures) Act 2001
Granting permission for taking samples for identity establishment
13 Subsection 23WA(1) (at the end of the definition of
Inserts a power, authority or duty into the function.
14 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.14
Offender's conviction offence related to proposed forensic procedure
14 Crimes Amendment (Forensic Procedures) Act 2001
Proposed forensic procedure is carried out during same circumstances as indictable offence
(ii) any other indictable offence arising out of the same circumstances; or (iii) any other indictable offence in respect of which the evidence likely to be obtained as a result of a proposed forensic procedure carried out on the suspect is likely to have probative value;
Offender's conviction offence for which the offender was convicted and to which an application for an order authorising a forensic procedure relates.
Offender's conviction offence is related to proposed forensic procedure
Proposed forensic procedure is carried out during same circumstances as indictable offence and evidence likely to be obtained has probative value
Offender's conviction offence is related to proposed forensic procedure and evidence likely to be obtained has probative value
15 Subsection 23WA(1) (paragraph (a) of the definition of
Insertion of gender identity into definition of intimate forensic procedure
16 Subsection 23WA(1) (paragraphs (a), (e), (f) and (h) of the
crimes-amendment-forensic-procedures-act-2001.pdf, p.16
A person is under sentence in relation to a prescribed offence or serious offence if they meet certain conditions.
16 Crimes Amendment (Forensic Procedures) Act 2001
The person is under sentence in relation to a prescribed offence or serious offence.
A person serving a sentence that overlaps with the sentence imposed for a federal offence is also under sentence in relation to a prescribed offence or serious offence.
(f) is subject to an order made under Division 9 of Part 1B;
(a) is serving a sentence in a prison (including a gaol, lock-up or other place of detention); or (b) is serving a sentence of a kind, or subject to an order of a kind, provided for in subsection 20AB(1) as a sentence or order that may be passed or made by a court, under that section, in respect of a person convicted of a federal offence;
A person released under a parole order made under subsection 19AL(1) or (2) is also under sentence in relation to a prescribed offence or serious offence.
(c) is released under a parole order made under subsection 19AL(1) or (2);
A person convicted and conditionally released as provided for in subsection 20(1) is also under sentence in relation to a prescribed offence or serious offence.
(g) is convicted and conditionally released as provided for in subsection 20(1), either: (i) in the case of paragraph 20(1)(a)—without sentence being passed; or (ii) in the case of paragraph 20(1)(b)—after sentence has been passed.
A person serving a sentence that is traced by the sentence imposed for a federal offence is also under sentence in relation to a prescribed offence or serious offence.
Insert 'or video recording' after 'photograph'
17 Subsection 23WA(1) (paragraph (h) of the definition of
Definition of investigating constable modified to include forensic procedures.
18 Subsection 23WA(1) (definition of investigating constable)
crimes-amendment-forensic-procedures-act-2001.pdf, p.18
18 Crimes Amendment (Forensic Procedures) Act 2001
Imposes a duty on the legislative body to modify definitions.
19 Subsection 23WA(1)
2 After section 4
Rules for functions and powers conferred on certain persons The Governor-General may make arrangements with the Governor of a State (excluding the Northern Territory)
2(1) After section 4
Temporal interval for search warrants and arrest warrants
Authorized to issue search warrants, or warrants of arrest
Function or power is conferred on one or more of the following persons
Permission or obligation to make arrangements
Combines rules for functions and powers conferred on certain persons with definitions of Magistrate and Justice of the Peace
Rules for functions and powers conferred on one or more of the following persons: (a) a State or Territory judge; (b) a magistrate; (c) a Justice of the Peace or other person
Temporal interval for functions and powers conferred on certain persons
Function or power is neither judicial nor incidental to a judicial function or power
Function or power is personal and not as a court or member of a court.
2(2) After section 4
Function or power is during a personal capacity.
(2) The function or power is conferred on the person only in a personal capacity and not, in the case of a State or Territory judge or magistrate, as a court or a member of a court.
Function or power is not as a court or member of a court.
Protection and immunity provided after section 4
2(3) After section 4
Protection and immunity for judges and magistrates performing conferred functions or exercising conferred powers.
2(4) After section 4
has the same protection and immunity as if he or she were performing that function, or exercising that power, during that time
Temporal relation between functions and powers
(4) A State or Territory judge or magistrate performing a conferred function, or exercising a conferred power...
has the same protection and immunity as if he or she were performing that function, or exercising that power, as, or as a member of, a court...
has the same protection and immunity as if he or she were performing that function, or exercising that power, must be granted
Protection and immunity for judges and magistrates
Protection and immunity for persons performing functions and powers as part of employment with a State or Territory court.
2(5) After section 4
Same protection and immunity as employment with a State or Territory court
Person performing function or exercising power
Applicability of section to laws made before, on or after commencement
2(6) After section 4
...A law of the Commonwealth relating to criminal matters
Section applies regardless of law's enactment time
Reference to Commonwealth law on criminal matters includes reference to this Act.
2(7) After section 4
20 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.20
Obstructing forensic procedure is an offence.
20 Crimes Amendment (Forensic Procedures) Act 2001
A person is guilty of an offence if the person obstructs, hinders or resists a person carrying out a forensic procedure in accordance with this Part.
Preventing the carrying out of forensic procedure
Defines 'member of the same sex as a person'
21 Subsection 23WA(1)
Insertion of gender identity into definition of non-intimate forensic procedure
22 Subsection 23WA(1) (paragraphs (a), (d), (e) and (g) of the
crimes-amendment-forensic-procedures-act-2001.pdf, p.22
22 Crimes Amendment (Forensic Procedures) Act 2001
Carry out forensic procedure on serious offender or prescribed offender without permission. Inform the offender of certain details about forensic procedure Offender must give informed consent to forensic procedure.
22(1) Crimes Amendment (Forensic Procedures) Act 2001
(person is not authorised to carry out forensic procedure under this Division)
Temporal interval for prohibition of carrying out forensic procedure.
(serious offender or prescribed offender is a suspect or a volunteer)
Classification of serious offenders and prescribed offenders.
Prohibition of carrying out forensic procedure on serious offender or prescribed offender.
Offender consents after request and information provided.
Diffusion of prohibition of carrying out forensic procedure.
Recurring trace for prohibition of carrying out forensic procedure.
Authorisation required for forensic procedures on suspects Offender must be allowed to communicate with legal practitioner in private unless constable suspects reasonable grounds for evidence destruction.
22(2) Crimes Amendment (Forensic Procedures) Act 2001
The constable must allow the offender to communicate with the legal practitioner in private.
Offender must be allowed to communicate with legal practitioner.
Section 22(2) states that the constable must allow the offender to communicate...
The constable must not request the offender to consent to the forensic procedure unless there are reasonable grounds for evidence destruction.
Constable may request offender to consent to forensic procedure unless reasonable grounds for evidence destruction exist.
Section 23XWH states that a constable may request the offender to consent...
The offender has a right to communicate with the legal practitioner in private.
Offender has right to communicate with legal practitioner in private.
The constable must not request the offender to consent to the forensic procedure unless it is justified.
Constable may request consent for forensic procedure unless justified.
The constable may suspect that there are reasonable grounds for evidence destruction.
Constable may suspect reasonable grounds for evidence destruction based on suspicion.
Section 22(2) states that the constable suspects on reasonable grounds...
The constable must be satisfied on a recurring trace that the request for consent is justified.
Constable must be satisfied on balance of probabilities before requesting consent.
Section 23XWI states that the constable must be satisfied on the balance of probabilities...
Forensic procedures may be carried out on volunteers with authorization.
22(3) Crimes Amendment (Forensic Procedures) Act 2001
...on a serious offender or prescribed offender who is a volunteer only if authorized by and in accordance with Division 6B.
(3) A forensic procedure may be carried out on...
Knowledge representation for authorization
Permission to carry out forensic procedures
(3) A forensic procedure may be carried out...
...who is a volunteer only if authorized by and in accordance with Division 6B.
Informed consent for forensic procedures
23XWG Informed consent to forensic procedures
23 Subsection 23WA(1) (paragraph (g) of the definition of
Authorisation for taking hair samples from suspects
23XL Taking of hair samples
State has permission to take hair samples
crimes-amendment-forensic-procedures-act-2001.pdf, p.44
23YN Retention of electronic recordings
Retention of electronic recordings for purposes other than investigative or evidentiary.
23YN(1) Retention of electronic recordings
Protection against unauthorized access or use of electronic recordings
23YN(2) Retention of electronic recordings
crimes-amendment-forensic-procedures-act-2001.pdf, p.45
23YO Disclosure of information
Disclosing unauthorized information is an offence.
23YO(1) Disclosure of information
Recklessness occurs at time of disclosure.
Establishes a temporal relationship between events.
(c) the person is reckless as to any such disclosure;
(a) the person has access to any information stored on the DNA database system or to any other information revealed by a forensic procedure carried out on a suspect, offender or volunteer;
Prohibits reckless disclosure of information.
Information is diffused through the network.
Disclosure of information for specific purposes
23YO(2) Disclosure of information
Disclosure of information is permitted under certain conditions.
23YO(3) Disclosure of information
crimes-amendment-forensic-procedures-act-2001.pdf, p.46
23YP Taking, retention and use of forensic material
Taking, retention and use of forensic material is authorized by law.
23YP(1) Taking, retention and use of forensic material
Authorization for taking, retention and use of forensic material.
Retention and use of forensic material for Commonwealth purposes.
23YP(2) Taking, retention and use of forensic material
Allows retention and use of forensic material.
Retention and use of forensic material from a State or Territory law is permitted for Commonwealth purposes.
23YP(3) Taking, retention and use of forensic material
Permission to retain and use forensic material.
crimes-amendment-forensic-procedures-act-2001.pdf, p.47
23YQ Commissioner may delegate functions and powers
Commissioner may delegate functions and powers to a constable or staff member.
23YQ(1) Commissioner may delegate functions and powers
Commissioner may delegate functions and powers to staff member.
23YQ(2) Commissioner may delegate functions and powers
Delegation occurs during the term of office of the Commissioner.
staff member has the meaning it has in the Australian Federal Police Act 1979.
Staff member has the meaning it has in the Australian Federal Police Act 1979.
Delegation occurs through the Commissioner.
24 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.24
24 Crimes Amendment (Forensic Procedures) Act 2001
Constable must make a record of order, date, and time when made. Ensure tape recording of information and offender responses.
24(1) Crimes Amendment (Forensic Procedures) Act 2001
Constable must inform serious offender about non-intimate forensic procedure. Constable must ensure a written record is made and a copy is available to the serious offender.
24(2) Crimes Amendment (Forensic Procedures) Act 2001
Constable has taken into account the matters set out in section 23XWL.
Constable must ensure a written record is made and a copy is available to the serious offender.
Constable must inform serious offender of non-consensual forensic procedure.
24(3) Crimes Amendment (Forensic Procedures) Act 2001
Inform serious offender of non-consensual forensic procedure.
Constable has authority to order forensic procedure.
24A Subsection 23WA(1) (definition of order)
25 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.13
26 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.26
26 Crimes Amendment (Forensic Procedures) Act 2001
Order to permit forensic procedure in prison or detention place Serious offender must consent to intimate forensic procedure.
26(1) Crimes Amendment (Forensic Procedures) Act 2001
Offender must be provided with a copy of the record. Authorized applicant may apply for order to carry out non-intimate forensic procedure on child or incapable person who is a serious offender. Defines Division 6 person under Crimes Amendment (Forensic Procedures) Act 2001.
26(2) Crimes Amendment (Forensic Procedures) Act 2001
Authorized applicant may apply for order
Affidavit required for application under subsections (1) or (2) Order to permit forensic procedure
26(3) Crimes Amendment (Forensic Procedures) Act 2001
Authorized applicant may apply for order to take fingerprints of a child or incapable person. Refusal to permit forensic procedure without reasonable excuse is an offence.
26(4) Crimes Amendment (Forensic Procedures) Act 2001
Temporal relation between refusal and imprisonment.
Authorized applicant may apply for order.
Prohibition of refusing forensic procedure without reasonable excuse.
Offender bears evidential burden in relation to exception of reasonable excuse.
Imprisonment for 12 months for refusing forensic procedure without reasonable excuse.
Offender is guilty of an offence if refuses or fails to permit procedure.
Authorized applicant may make application to judge or magistrate at a later time.
26(5) Crimes Amendment (Forensic Procedures) Act 2001
A judge or magistrate may order the carrying out of a forensic procedure under this Division if satisfied that the carrying out of the forensic procedure is justified in all the circumstances.
26(6) Crimes Amendment (Forensic Procedures) Act 2001
Permission to order carrying out of forensic procedure
Consider seriousness of circumstances and potential assistance to law enforcement when making an order.
26(7) Crimes Amendment (Forensic Procedures) Act 2001
Check if the carrying out of the forensic procedure could assist law enforcement.
(c) whether the carrying out of the forensic procedure could assist law enforcement, whether Federal or otherwise;
(b) the seriousness of the circumstances surrounding the commission of the offence by the offender;
Consider the seriousness of circumstances and potential assistance to law enforcement.
(a) whether this Part would authorise the forensic procedure to be carried out in the absence of the order;
Determine if the carrying out of the forensic procedure is justified in all the circumstances.
(d) whether the carrying out of the forensic procedure is justified in all the circumstances.
Check if this Part would authorise the forensic procedure to be carried out in the absence of the order.
Check if the carrying out of the forensic procedure is part of a recurring trace.
Disclose forensic analysis results until appeal period expires or conviction is quashed.
26(8) Crimes Amendment (Forensic Procedures) Act 2001
Results disclosure overlaps with appeal period and conviction quashing.
Disclosure is implied to be conditional on appeal period expiration or conviction quashing.
Prohibits disclosure of forensic analysis results.
Maintains confidentiality until appeal period expires or conviction is quashed.
Disclose results until later of appeal period or conviction being quashed.
Classifies the term 'prescribed offence' as a legal concept
27 Subsection 23WA(1)
Defines a term with an obligation to use it correctly
28 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.28
28 Crimes Amendment (Forensic Procedures) Act 2001
Definition of recognised transgender person
29 Subsection 23WA(1)
29A Subsection 23WA(1) (definition of relevant offence)
crimes-amendment-forensic-procedures-act-2001.pdf, p.8
3 Section 15FA
Defines responsible person in relation to DNA database system.
30 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.30
DNA database system information may be used for criminal investigation or other purposes.
30 Crimes Amendment (Forensic Procedures) Act 2001
Provides a formal definition for the term.
31 Subsection 23WA(1)
32 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.32
32 Crimes Amendment (Forensic Procedures) Act 2001
Authorized applicant may apply to magistrate for order.
32(1) Crimes Amendment (Forensic Procedures) Act 2001
Magistrate may order retention of forensic material under certain conditions. Magistrate must consider certain factors when determining whether to make an order under this section.
32(2) Crimes Amendment (Forensic Procedures) Act 2001
Magistrate has an obligation to order retention of forensic material under certain conditions.
...the seriousness of the circumstances surrounding the commission of the offence;
Magistrate must consider certain factors.
(2) In determining whether to make an order under this section, the magistrate is to take into account...
...the best interests of the child or incapable person;
...whether the carrying out of the forensic procedure is justified in all the circumstances;
...the seriousness of the circumstances surrounding the commission of the offence; and ...whether the carrying out of the forensic procedure is justified in all the circumstances;
Magistrate must consider multiple factors when determining whether to make an order.
Specify requirements for forensic procedure or retention of forensic material Specifies retention period for forensic material
32(3) Crimes Amendment (Forensic Procedures) Act 2001
Repeals and substitutes a definition for 'tape recording'.
33 Subsection 23WA(1) (definition of tape recording)
Defines transgender person for Crimes Amendment (Forensic Procedures) Act 2001
34 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.34
Failure to comply with provisions of Part or Division 8A
34 Crimes Amendment (Forensic Procedures) Act 2001
...in relation to a forensic procedure carried out at any time before or after...
(i) any provision of this Part in relation to a forensic...
crimes-amendment-forensic-procedures-act-2001.pdf, p.15
35 Subsection 23WA(1)
36 At the end of section 23WA
crimes-amendment-forensic-procedures-act-2001.pdf, p.36
Ensure destruction of forensic material after conviction quashed.
36 Crimes Amendment (Forensic Procedures) Act 2001
Destroying forensic material requires destroying means of identification.
36(5) At the end of section 23WA
Classification of destruction as obligation
36(6) At the end of section 23WA
Definition of gender identity for transgender persons
36(7) At the end of section 23WA
Insert ‘, offender or volunteer’ after ‘suspect’.
36A Section 23WB
Insertion of additional terms in a legal provision.
36B Subsection 23WB(4)
Repeal and substitute heading with new text
37 Division 2 of Part 1D (heading)
crimes-amendment-forensic-procedures-act-2001.pdf, p.17
Repeal heading and substitute with new text.
38 Division 3 of Part 1D (heading)
crimes-amendment-forensic-procedures-act-2001.pdf, p.38
38 Crimes Amendment (Forensic Procedures) Act 2001
Person on whom forensic procedure is not a child or incapable person.
39 At the end of subsection 23WI(1)
Forensic procedures must be carried out in accordance with rules and procedures set out in Division 6.
4 Part 1D (simplified outline)
Forensic procedures must be carried out.
Inserts section 23XZ effect into the text
40 After paragraph 23WJ(1)(i)
crimes-amendment-forensic-procedures-act-2001.pdf, p.40
40 Crimes Amendment (Forensic Procedures) Act 2001
Matching of DNA profiles is prohibited if certain conditions are met.
40(1) Crimes Amendment (Forensic Procedures) Act 2001
40(3) Crimes Amendment (Forensic Procedures) Act 2001
Information from forensic material analysis may be placed on the DNA database system.
41 At the end of subsection 23WJ(1)
Omit 'the taking of a hand print, finger print, foot print or toe print' and substitute 'a non-intimate forensic procedure'.
41A Subsection 23WJ(2)
42 Division 4 of Part 1D (heading)
crimes-amendment-forensic-procedures-act-2001.pdf, p.42
42 Crimes Amendment (Forensic Procedures) Act 2001
Failure to destroy forensic material when required results in an offence.
42(1) Crimes Amendment (Forensic Procedures) Act 2001
Prohibits recording or retention of forensic material when required to be destroyed.
Ensure removal of identifying information from DNA database system after end of identifying period.
42(2) Crimes Amendment (Forensic Procedures) Act 2001
Ensure removal of identifying information.
Ensure removal of identifying information from DNA database after pardon or acquittal.
42(3) Crimes Amendment (Forensic Procedures) Act 2001
Obligation to remove identifying information
42(4) Crimes Amendment (Forensic Procedures) Act 2001
Identifying information must be retained
Must retain DNA profiles for specified periods
Retention period applies to DNA profiles
DNA profile is placed on database system
43 Division 5 of Part 1D (heading)
44 Paragraph 23WT(3)(g)
44 Crimes Amendment (Forensic Procedures) Act 2001
45 Subsection 23WX(6)
Suspect's right to address the magistrate and cross-examine witnesses.
45(6) Subsection 23WX(6)
Has right to address the magistrate and cross-examine witnesses.
(6) The suspect or his or her representative:
Magistrate cannot give leave unless substantial reasons exist for witness call or cross-examination.
45(6A) Subsection 23WX(6)
Prohibition of giving leave without substantial reasons.
46 Division 6 of Part 1D (heading)
Disclose information to suspects, offenders, volunteers, and victims under certain conditions.
46 Crimes Amendment (Forensic Procedures) Act 2001
The Act requires disclosure of certain information.
Permission to disclose information exists.
Permission to disclose information in certain circumstances
Disclosure is permitted under certain conditions.
Repeal section and substitute with new provision
47 Section 23XL
crimes-amendment-forensic-procedures-act-2001.pdf, p.19
48 Subsections 23XM(1) and (2)
crimes-amendment-forensic-procedures-act-2001.pdf, p.48
48 Crimes Amendment (Forensic Procedures) Act 2001
Insert 'or a video recording' after 'photograph'
49 Subsection 23XM(3) (table item 8, column 2)
crimes-amendment-forensic-procedures-act-2001.pdf, p.9
5 Subsection 23WA(1)
5 Section 5
Must provide information on serious offenders
Omit 'yes (medical practitioner)' and substitute 'no'
50 Subsection 23XM(3) (table items 9, 10, 11, 12, 13 and 15,
crimes-amendment-forensic-procedures-act-2001.pdf, p.50
Destroy forensic material in participating jurisdictions.
50 Crimes Amendment (Forensic Procedures) Act 2001
Imposes a duty to destroy forensic material.
Prohibits the use of 'yes (medical practitioner)'
Replace 'constable' with 'appropriately qualified person'
51 Subsection 23XM(3) (table item 14, column 3)
52 Subsection 23XM(3) (table item 15, column 2)
crimes-amendment-forensic-procedures-act-2001.pdf, p.52
52 Crimes Amendment (Forensic Procedures) Act 2001
53 After subsection 23XM(3) (before the table)
Use reasonable force to enable a forensic procedure.
54 At the end of section 23XO
Use reasonable force to enable the forensic procedure.
A person is asked to help carry out a forensic procedure.
54A Subsection 23XP(1)
55 After section 23XW in Division 6 of Part 1D
56 After Division 6 of Part 1D
crimes-amendment-forensic-procedures-act-2001.pdf, p.33
57 Paragraph 23XX(1)(a)
Repeal paragraph and substitute with new text.
58 Paragraph 23XX(1)(b)
58A Paragraph 23XX(3)(a)
58B Subsection 23XX(4)
58C Paragraph 23XX(5)(c)
58D Paragraph 23XX(5)(g)
58E Sections 23XY and 23YA
Omit 'is destroyed' and substitute with 'obtained as a result of the carrying out...'
59 At the end of paragraph 23YC(a)
Defines authorized applicant for forensic procedure
6 Subsection 23WA(1) (definition of authorised applicant)
6 Section 6
Offence for reckless matching of DNA profiles
6(2) Section 6
Prohibits reckless matching of DNA profiles
(2) A person is guilty of an offence if: (a) the person’s conduct causes the matching that is not permitted by this Part of a DNA profile on an index of the DNA database system with a DNA profile on the same or another index of the DNA database system; and (b) the person is reckless as to any such matching of profiles.
(2) A person is guilty of an offence if: (a) the person’s conduct causes the matching that is not permitted by this Part of a DNA profile on an index of the DNA database system with a DNA profile on the same or another index of the DNA database system; and
(b) the person is reckless as to any such matching of profiles.
Exemption from offense for administering DNA database system
6(3) Section 6
Exempts conduct from offense for administering DNA database system
Substitutes a new definition for an existing one
Forensic material must be destroyed after a specified period.
60 At the end of section 23YC
crimes-amendment-forensic-procedures-act-2001.pdf, p.35
Substitute Divisions 6A and 6B for section 23YQ
61 Subsection 23YD(1)
Add “unless a warrant for apprehension of the suspect has been issued”.
62 At the end of subsection 23YD(2)
63 Subsection 23YD(4)
Destroy forensic material within 12 months after warrant lapse or apprehension.
63(4) Subsection 23YD(4)
...the forensic material must be destroyed as soon as practicable after...
(4) If a warrant for the apprehension of the suspect is issued...
Magistrate may extend retention period for forensic material under special reasons.
63(5) Subsection 23YD(4)
...the period for which forensic material may be retained under this section, if the magistrate is satisfied there are special reasons for doing so.
CogAI application of retention period extension
Magistrate must notify person from whom forensic material was taken before extending period.
63(6) Subsection 23YD(4)
the person or his or her legal representative or interview friend (if any) has been given the opportunity to speak to or make a submission to the magistrate concerning the extension.
(6) A magistrate to whom an application is made under subsection (5) is not to extend the period unless: (a) the person from whom the forensic material was taken has been notified by the applicant for the extension that the application has been made; and
Extension of forensic material may be given on more than one occasion.
63(7) Subsection 23YD(4)
Notify responsible person of DNA database system extension
63(8) Subsection 23YD(4)
(8) The magistrate is to ensure that the responsible person in relation to the DNA database system is notified of any extension given under this section.
64 At the end of Division 8 of Part 1D
65 After Division 8 of Part 1D
crimes-amendment-forensic-procedures-act-2001.pdf, p.43
66 Subsection 23YE(1)
Insert 'or offender's' after 'suspect's'
67 Subsection 23YE(1)
68 Paragraphs 23YE(2)(a) and (b)
Inform suspect or offender in a language they can understand
69 After paragraph 23YE(2)(b)
Must inform suspect or offender in a language they can understand
7 Subsection 23WA(1)
Interview friend or legal representative
Informed of matter in a language they can communicate with reasonable fluency
70 Subsection 23YE(2)
71 Section 23YF
Insertion of additional terms in a paragraph
72 Paragraph 23YF(2)(a)
73 Section 23YG
Insertion of additional terms in a sentence.
74 Paragraph 23YG(1)(a)
Material must be provided within 7 days after existence or request.
75 Subsection 23YG(2)
Material must be provided within 7 days.
75A Subsection 23YG(2) (note)
Insert ‘offender or volunteer’ after ‘suspect’ twice.
76 Section 23YH
77 At the end of Division 9 of Part 1D
78 Divisions 10 and 11 of Part 1D
79 Division 12 of Part 1D
8 Crimes Amendment (Forensic Procedures) Act 2001
Defines corresponding law in section 23YUA.
8 Subsection 23WA(1)
Section applies regardless of when Commonwealth law made
8(2) Crimes Amendment (Forensic Procedures) Act 2001
8(3) Crimes Amendment (Forensic Procedures) Act 2001
Law made before, on or after commencement
Reference to Commonwealth law includes reference to this Act.
8(4) Crimes Amendment (Forensic Procedures) Act 2001
Reference to Commonwealth law is a subclass of reference to this Act
Prohibition on breath analysis or breath test without limiting paragraph (a)
80 After paragraph 23YU(1)(a)
81 After Division 10 of Part 1D
81A Section 23YT
82 Division 13 of Part 1D
Inserts provisions for oversight and accountability mechanisms, disparities between regimes, and issues related to privacy or civil liberties.
83 After paragraph 23YV(1)(b)
Modify anniversary reference in subsection 23YV(1)
84 Subsection 23YV(1)
Omit specific phrases from definition of independent review
85 Subsection 23YV(4) (paragraph (b) of the definition of
Prohibits omitting phrases from definition
Minister must cause a further independent review within 2 years if report identifies inadequacies.
86 At the end of section 23YV
Minister has a duty to cause a further review.
9 Subsection 23WA(1)
crimes-amendment-forensic-procedures-act-2001.pdf, p.5
1 Short title
1 Subsection 3(1) (definition of foreign restraining order)
foreign restraining order means an order...
2 Commencement
Omit 'a restraining order', substitute 'an order'.
2 Subsection 34(7)
Commences on a specific day after Royal Assent.
2(1) Commencement
The commencement occurs during that day.
Commences during a specific time period.
(1) Sections 1, 2 and 3, items 2 and 3 of Schedule 1, and Schedule 2 commence on the day on which this Act receives the Royal Assent.
Commencement of Schedule 1 (except items 2 and 3)
2(2) Commencement
2(3) Commencement
Conditional commencement of Schedule 1 items
2(4) Commencement
Amendment and repeal of Acts specified in Schedules
3 Schedule(s)
Prohibit disposal or other handling of specified property
3 At the end of subsection 34(7)
6 Crimes Amendment (Forensic Procedures) Act 2001
An Act to amend the Crimes Act 1914, and for other purposes
Crimes Amendment (Forensic Procedures) Act 2001