Crimes (DNA Database) Regulations 2022 (Vic)

Version No. 001

Crimes (DNA Database) Regulations 2022

S.R. No. 110/2022

Version as at

19 November 2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Corresponding laws

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Crimes (DNA Database) Regulations 2022

S.R. No. 110/2022

Version as at

19 November 2022

1Objective

The objective of these Regulations is to prescribe laws of the Commonwealth and other States and Territories relating to the carrying out of forensic procedures and DNA databases that are to be corresponding laws for the purposes of the definition of corresponding law in section 464 of the Crimes Act 1958.

2Authorising provision

These Regulations are made under section 464ZJ of the Crimes Act 1958.

3Commencement

These Regulations come into operation on 19 November 2022.

4Revocation

The Crimes (DNA Database) Regulations 2012[1] are revoked.

5Corresponding laws

For the purposes of the definition of corresponding law in section 464(2) of the Crimes Act 1958, the following laws are prescribed—

(a)Part 1D of the Crimes Act 1914 of the Commonwealth;

(b)the Crimes (Forensic Procedures) Act 2000 of New South Wales;

(c)the Forensic Procedures Act 2000 of Tasmania;

(d)the Criminal Investigation (Identifying People) Act 2002 of Western Australia;

(e)the Criminal Investigation Act 2006 of Western Australia;

(f)the Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory;

(g)Chapter 17 of the Police Powers and Responsibilities Act 2000 of Queensland;

(h)the Criminal Law (Forensic Procedures) Act 2007 of South Australia;

(i)Division 7 of Part VII of the Police Administration Act 1978 of the Northern Territory;

(j)Division 2 of Part 1, Division 3 of Part 2 and section 159 of the Youth Justice Act 2005 of the Northern Territory;

(k)sections 52 and 199 of the Correctional Services Act 2014 of the Northern Territory.

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Endnotes

1   General information

The Crimes (DNA Database) Regulations 2022, S.R. No. 110/2022 were made on 11 October 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 464ZJ of the Crimes Act 1958, No. 6231/1958 and came into operation on 19 November 2022: regulation 3.

The Crimes (DNA Database) Regulations 2022 will sunset 10 years after the day of making on 11 October 2032 (see section 5 of the Subordinate Legislation Act 1994).

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Crimes (DNA Database) Regulations 2022 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 127/2012.