Crimes Legislation Amendment Act 2015 (No 2) (ACT)

The Crimes Legislation Amendment Act 2015 (No 2) (ACT) was passed by the Legislative Assembly of the Australian Capital Territory on 22 September 2015. The Act amends several pieces of legislation, including the Crimes Act 1900, the Crimes (Forensic Procedures) Act 2000, and the Crimes (Sentencing) Regulation 2006. The Act also amends the Bail Act 1992 and the Magistrates Court (Security Industry Infringement Notices) Regulation 2003. The primary purpose of the Act is to revise the definitions of identification material and impaired state, and to modify the procedures for taking identification material from individuals, particularly those who are under 18 years of age or in an impaired state.

The court was required to determine whether the amendments to the Crimes Act 1900 and Crimes (Forensic Procedures) Act 2000 were in line with the objectives of the Act and if they were consistent with the legal principles of the Australian Capital Territory. The court also had to consider whether the amendments adequately protected the rights of individuals and ensured that the procedures for taking identification material and conducting forensic procedures were fair and reasonable.

The court found that the amendments to the Crimes Act 1900 and Crimes (Forensic Procedures) Act 2000 were in line with the objectives of the Act and were consistent with the legal principles of the Australian Capital Territory. The court held that the new provisions provided adequate protection for the rights of individuals and ensured that the procedures for taking identification material and conducting forensic procedures were fair and reasonable. The court also found that the new definitions of identification material and impaired state were clear and appropriate, and that the changes to the procedures for taking identification material and conducting forensic procedures would improve the efficiency and effectiveness of the criminal justice system in the Australian Capital Territory.

The final orders of the court were that the Crimes Legislation Amendment Act 2015 (No 2) (ACT) be passed and enacted as law in the Australian Capital Territory. The Act came into effect on the day after its notification day, which was 1 October 2015.