Criminal Investigation (Identifying People) Amendment Act 2011 (WA)

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Western Australia

Criminal Investigation (Identifying People)

Amendment Act 2011

Western Australia

Criminal Investigation (Identifying People)

Amendment Act 2011

CONTENTS

1.

Short title

2

2.

Commencement

2

3.

Act amended

2

4.

Section 62 amended

2

5.

Section 63 amended

2

6.

Section 64 amended

3

7.

Section 65 amended

3

8.

Section 66 amended

3

9.

Section 67 amended

3

10.

Section 78 deleted

3

11.

Section 94 replaced

4

94.

Transitional provision for Criminal Investigation (Identifying People) Amendment Act 2011

4

Western Australia

Criminal Investigation (Identifying People)

Amendment Act 2011

No. 15 of 2011

An Act to amend the Criminal Investigation (Identifying People)

Act 2002.

[Assented to 25 May 2011]

The Parliament of Western Australia enacts as follows:

Criminal Investigation (Identifying People) Amendment Act 2011

s. 1

1.             Short title

This is the Criminal Investigation (Identifying People)

Amendment Act 2011.

2.             Commencement

This Act comes into operation as follows —

(a)

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)

the rest of the Act — on the day after that day.

3.             Act amended

This Act amends the Criminal Investigation (Identifying People)

Act 2002.

4.             Section 62 amended

Delete section 62(1)(a) and (b) and insert:

(a) must not —

(i)      be compared with other information, whether or not in a forensic database; or

(ii)      be put in a forensic database;

except in accordance with the decision of the

volunteer, or responsible person, made or

changed under section 20; and

5.             Section 63 amended

(1)

Delete section 63(1)(a) and insert:

(a)

may be compared with other information, whether or not in a forensic database, in accordance with the direction of a coroner; and

Criminal Investigation (Identifying People) Amendment Act 2011

s. 6

(2)

Delete section 63(2).

6.             Section 64 amended

(1)

In section 64(1)(a) delete “subject to subsection (2) and”.

(2)

Delete section 64(2).

7.             Section 65 amended

In section 65(1):

(a)

delete paragraph (b);

(b)

after paragraph (a) insert:

and

8.             Section 66 amended

Delete section 66(2)(a) and insert:

(a)

may be compared with other information, whether or not in a forensic database, as soon as it is obtained; and

9.             Section 67 amended

Delete section 67(1)(a) and insert:

(a)

may be compared with other information, whether or not in a forensic database, as soon as it is obtained; and

10.           Section 78 deleted

Delete section 78.

Criminal Investigation (Identifying People) Amendment Act 2011

s. 11

11.           Section 94 replaced

Delete section 94 and insert:

94.           Transitional provision for Criminal Investigation (Identifying People) Amendment Act 2011

Identifying information may be compared with other

information in accordance with Part 9 whether that

identifying information or the information to which it

is being compared was obtained or lawfully put in a

forensic database before or after the commencement of

the Criminal Investigation (Identifying People)

Amendment Act 2011 section 11.

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