Criminal Investigation (Identifying People) Amendment Regulations 2002 (WA)

19 November 2002 GOVERNMENT GAZETTE, WA 5507

POLICE

P0301*

Criminal Investigation (Identifying People) Act 2002

Criminal Investigation (Identifying People)

Amendment Regulations 2002

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.            Citation

These regulations may be cited as the Criminal Investigation
(Identifying People) Amendment Regulations 2002.

2.             Commencement

These regulations come into operation on the day on which Part 4 of the Act comes into operation.

3.             The regulations amended

The amendments in these regulations are to the Criminal Investigation (Identifying People) Regulations 2002*.
[* Published in Gazette 28 June 2002, p. 3103-5.1
4.	Regulation 3A inserted After regulation 3 the following regulation is inserted

3A.	Forensic purpose for which police officers may be required to undergo identifying procedure (s. 22(1))
The forensic purpose of investigating an offence or a suspected offence or offences generally is prescribed for section 22(1) of the Act.

(2a) For the definition of "qualified person" in section 52 of the Act, a person is qualified to do the intimate

5.             Regulation 4 amended

(1)	Regulation 4(1)(c) is amended after approved" by inserting "for this paragraph".
(2)	Regulation 4(2)(a) is amended after "approved" by inserting "for this paragraph".
(3)	After regulation 4(2) the following subregulation is inserted -

44

5508 GOVERNMENT GAZETTE, WA 19 November 2002

identifying procedure of photographing an identifying
feature of a person on his or her private parts if the
person is a police officer who has satisfactorily
completed a course of training approved for this

subregulation under subregulation (3).

(4) Regulation 4(3)(b) is amended by deleting "(1)(c) or (2)(a);"

and inserting instead -

46

(1)(c), (2)(a) or (2a); ".

6.            Regulation 5 amended

Regulation 5 is amended after paragraph (a) by deleting "or" and inserting -

44

(aa) an officer appointed under section 6(1) of the

Anti-Corruption Commission Act 1988; or

7. Regulation 5A inserted
After regulation 5 the following regulation is inserted -

11  

5A.	Disclosure of identifying information for certain national databases (s. 73(1)(n))
(1)	The purpose of a national database created, kept, operated, controlled or managed by the Australian Bureau of Criminal Intelligence or by the CrimTrac Agency is prescribed under section 73(l)(n) of the Act as a purpose for which identifying information obtained under the Act may be disclosed.
(2)	In subregulation (1) - "Australian Bureau of Criminal Intelligence" means

agreement made on 6 February 1981 between the

the organisation established under that name by an

Commonwealth, the States and the Northern
Territory;

"CrimTrac Agency" means the body of that name

established as an Executive Agency under
section 65 of the Public Service Act 1999 of the
Commonwealth.

8.            Regulation 6 amended

Regulation 6 is amended in the Table after the item relating to the Police Administration Act of the Northern Territory by inserting the following item -

"

Section 95B of the Prisons (Correctional Services) Act of the
Northern Territory

19 November 2002 GOVERNMENT GAZETTE, WA 5509

9. Regulation 7 amended
Regulation 7 is amended in the Table as follows:

(a) by deleting the item "DNA Coordinator, Forensic Services, Australian Federal Police (Commonwealth)" and inserting the following item instead -

IE

General Manager, Forensic Services, Australian Federal Police

IF

(b) by deleting the item "Superintendent, Prosecution and Judicial Support, Australian Federal Police (Australian Capital Territory)" and inserting the following item instead -

Officer in Charge, Operations, Monitoring and Intelligence
Support (OMIS), Australian Federal Police, Australian Capital
Territory

10.          Regulations 9 and 10 and Schedules 1 to 4 inserted

After regulation S the following regulations and Schedules are inserted -

9.            Form of applications for warrants (s. 15(3), 32, 45)

(1)	The form of an application to a magistrate under section 32 of the Act for an IP warrant (involved protected person) is set out for section 15(3) of the Act
in Schedule 1.
(2)	The form of an application to a JP or magistrate, as the case requires, under section 45 of the Act for an

IP warrant (suspect) is set out for section 15(3) of the

Act in Schedule 2.

10.          Form of warrants (s. 33(6), 46(4))

(1)	The form of an IP warrant (involved protected person) is set Out for section 33(6) of the Act in Schedule 3.
(2)	The form of an IP warrant (suspect) is set out for section 46(4) of the Act in Schedule 4.

5510 GOVERNMENT GAZETTE, WA 19 November 2002

Schedule I Application for IP warrant (involved

protected person)

r. 9(1)1

Criminal Investigation (Identifying

People) Act 2002, s. 15(3) and 32

APPLICATION FOR IP WARRANT (INVOLVED

PROTECTED PERSON)

Strike out any parts of 1/us form that are not applicable

Applicant	Name: ........................................... ..Rank and registered
of ..................................................number or official

title........................

Signature:

Time and date:

Name of involved protected

person

Offence	I
Grounds
(for suspecting the person is an involved person)

Identifying Print Photograph Impression Sample I).N...

particular sought	of hair	l)rotile
Non-iiitinate identif ing procedure
Grounds
(for suspecting the identifying particular vAll afford evidence)

19 November 2002 GOVERNMENT GAZETTE, WA 5: 11

Grounds (s. 31(a))

(for suspecting

the investigation

would be

Grounds (s.32(4))

(for suspecting

any applicable
matters in
section 32(4) of

the Act)

Note: This application must be made to a magistrate.

Schedule 2— Application for IP warrant (suspect)

r. 9(2)1

Criminal Investigation (Identifying

People) Act 2002, s. 15(3) and 45

APPLICATION FOR IP WARRANT (SUSPECT)

Strike out u!13 parts qi this fern, that are not applicable

Applicant	Name: ........................................... .Rank and registered
of. ................................................. .number or official

title........................

Signature:

Time and date:

Name of

suspect j	...........................................................................................
Suspected offence
Identifying	Print Photograph I m pression Sam pie l).N...

particular	of hair	p rotile
sought
Identifying procedure

5512 GOVERNMENT GAZETTE, WA 19 November 2002

Grounds
(for suspecting the
suspect has
committed the

offence)

Grounds
(for suspecting
the identifying
particular will

afford evidence)

Note: If this application is to be made in respect of an adult, it may be made to a JP. If this

application is to be made in respect of a child or an incapable person, it must be

made to a magistrate.

Schedule 3 IP warrant (involved protected

person)

[r. 10(1)]

Criminal Investigation (Identifying

People) Act 2002, s. 33

IP WARRANT (INVOLVED PROTECTED PERSON)

Strike out any parts of this form that are not applicable

Applicant	Name:	Rank and registered number or official title. .......................
Involved protected person	Name:
OtTciicc

Identifying	Print	Photograph	I Iflpre.iOfl	SaInI)Ie	l).N...
pa rtic u tar to	of hair	profile
be obtained
Non-intimate identifying procedure
Use for limited forensic purposes
(if applicable)

19 November 2002 GOVERNMENT GAZETTE, WA

Use for
unlimited
forensic
purposes

(if applicable)

May identifying information be put on a forensic

database?	Yes / No
Authority to	This warrant authorises you:
arrest and	• to arrest the involved protected person to whom
detain and do	this warrant relates and to detain him or her for a
identifying	reasonable period to do the identifying procedure
procedure	specified in this warrant; and if applicable, to do the identifying procedure on that person against the responsible person's will.
Period for execution of warrant
(Not to exceed

14 days)	From. ........./........./	To ........./............/
Date and time	Date. ....../........./
of issuing
sarraiit	Time

Iagistrate Name:

Schedule 4 - IP warrant (suspect)

[r. 10(2)]

Criminal Investigation (Identifying

People) Act 2002, s. 46

IP WARRANT (SUSPECT)

Strike out any parts of this form that are not applicable

Applicant	Name:	Rank and registered number or official title
Suspect	Name:

5514 GOVERNMENT GAZETTE, WA 19 November 2002

Offence

Identifying	Print	Photograph	1 in p ression	Sample	D.N.A.
particular to	of hair	profile
be obtained
Iden tifying procedure

Authority to	This warrant authorises you:
arrest and	• to arrest the suspect to whom this warrant relates
detain and do	and to detain him or her for a reasonable period to
identifying	do the identifying procedure specified in this
procedure	warrant; and

• to do the identifying procedure on the suspect against his or her will or the responsible person's will, as the case requires.

Period for
execution of

warrant

(Not to exceed

14 days) From' / / To:

Date and time	Date:	./.
of issuing
warrant	Time:
JP or	Name:
NIagistrate

By Command of the Lieutenant-Governor and

deputy of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.