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