Crimes Amendment (Forensic Procedures) Act 2001
Act No. 22 of 2001 as amended
This compilation was prepared on 19 July 2002
[This Act was amended by Act No. 63 of 2002]
Amendment from Act No. 63 of 2002
[Schedule 2 (item 6) amended item 6 of Schedule 1
Schedule 2 (item 6) commenced immediately after 20 June 2001]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
Schedule 1—Amendment of the Crimes Act 1914
Schedule 2—Amendment of the Mutual Assistance in Criminal Matters Act 1987
An Act to amend the Crimes Act 1914, and for other purposes
1 Short title
This Act may be cited as the Crimes Amendment (Forensic Procedures) Act 2001.
2 Commencement
(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.
(2) Subject to subsection (3), Schedule 1 (other than items 2 and 3) commences on a day to be fixed by Proclamation.
(3) If Schedule 1 (other than items 2 and 3) does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(4) Item 78 of Schedule 1 is taken to have commenced immediately before item 77 of that Schedule. Item 79 of Schedule 1 is taken to have commenced immediately before item 81 of that Schedule.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Crimes Act 1914
1 At the end of section 3ZL
Add:
(4) Nothing in this section derogates from the right to use the provisions of Part 1D as authority for the taking of fingerprints from a prescribed offender or a serious offender.
(5) In subsection (4), prescribed offender and serious offender have the meanings given in subsection 23WA(1).
2 After section 4
Insert:
4AAA Commonwealth laws conferring non‑judicial functions and powers on officers
Application
(1) This section sets out the rules that apply if, under a law of the Commonwealth relating to criminal matters, a function or power that is neither judicial nor incidental to a judicial function or power, is 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:
(i) employed in a State or Territory court; and
(ii) authorised to issue search warrants, or warrants of arrest.
Note 1: Magistrate is defined in section 16C of the Acts Interpretation Act 1901.
Note 2: Justice of the Peace is defined in paragraph 26(e) of the Acts…
Overview
The Crimes Amendment (Forensic Procedures) Act 2001 was enacted to amend the Crimes Act 1914 and to establish a DNA database system. The Act was passed by the Australian Parliament and received the Royal Assent. The primary objective of this Act is to regulate forensic procedures, including the collection and use of DNA samples, and to ensure that these procedures are carried out in a fair and ethical manner. The Act also aims to provide a framework for the establishment and maintenance of a DNA database system, which will be used for criminal investigations and other authorised purposes. The Act outlines the circumstances under which forensic procedures can be carried out on suspects, offenders, and volunteers, and sets out the rights and protections for individuals subjected to such procedures.
Scope and Application
The Crimes Amendment (Forensic Procedures) Act 2001 applies to the Commonwealth and its territories. The Act amends the Crimes Act 1914 to introduce forensic procedures for the taking of samples from suspects, offenders, and volunteers for the purposes of criminal investigations. The Act applies to serious and prescribed offenders, and also to volunteers who consent to undergo forensic procedures. The Act allows for the establishment and operation of a DNA database system, and sets out rules for the retention and use of forensic material and DNA information. The Act also includes provisions for interjurisdictional enforcement and cooperation between the Commonwealth and participating jurisdictions. The Act extends to the Australian Capital Territory, the Northern Territory, Norfolk Island, and any other territory of the Commonwealth. The Act does not apply to the State of Western Australia, unless that State enters into an agreement with the Commonwealth under section 51(xxxvii) of the Constitution.
Key Provisions
- The Crimes Amendment (Forensic Procedures) Act 2001 (the "Act") amends the Crimes Act 1914 to update the forensic procedures for obtaining evidence from suspects, offenders, and volunteers. The Act outlines the rules and procedures for carrying out forensic procedures, the establishment of a DNA database system, and the protection of information stored in the system. It also sets out offences and penalties for breaches of the Act.
- The main operative sections of the Act are sections 23WJ to 23YI, which establish the rules and procedures for carrying out forensic procedures on suspects, offenders, and volunteers. Section 23XL provides for the taking of hair samples, section 23XM lists the non-intimate and intimate forensic procedures that can be carried out, and section 23XO outlines the conditions under which forensic procedures can be carried out. Section 23XP prohibits preventing the carrying out of forensic procedures.
- The Act imposes several obligations on the parties and entities it governs. For example, section 23XWC authorizes the carrying out of non-intimate forensic procedures on serious offenders and prescribed offenders, while section 23XWD authorizes the carrying out of intimate forensic procedures on serious offenders. Section 23XWG sets out the requirements for obtaining informed consent from offenders before carrying out forensic procedures.
- The Act also establishes offences and penalties for breaches. For example, section 23YDAA makes it an offence to destroy forensic material taken from an offender after their conviction is quashed, and section 23YDAB makes it an offence to destroy forensic material where related evidence is inadmissible. Section 23YDAF makes it an offence to match DNA profiles in a manner not permitted by the Act, and section 23YDAG makes it an offence to record, retain, or fail to remove identifying information from the DNA database system. The maximum penalty for these offences is imprisonment for 2 years.
- In summary, the Crimes Amendment (Forensic Procedures) Act 2001 establishes rules and procedures for carrying out forensic procedures on suspects, offenders, and volunteers, establishes a DNA database system, and sets out offences and penalties for breaches of the Act. The Act imposes obligations on parties and entities it governs, such as obtaining informed consent from offenders before carrying out forensic procedures. The Act also establishes offences and penalties for breaches, with a maximum penalty of imprisonment for 2 years.
- Area of Law
- Criminal Law
- Privacy Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Civil Penalty Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
- Enforcement Powers
- Delegated & Subordinate Legislation