Statutes Amendment (National Policing Information Systems and Services) Act 2017 (SA)

South Australia

Statutes Amendment (National Policing Information Systems and Services) Act 2017

An Act to amend the Children's Protection Act 1993; the Criminal Law (Forensic Procedures) Act 2007; the Disability Services Act 1993; the Spent Convictions Act 2009; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (National Policing Information Systems and Services) Act 2017.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Children's Protection Act 1993

3Amendment of section 8BA – Obligations of certain performers of prescribed functions in respect of relevant history

1. (1)

   Section 8BA(3)(b)—delete "CrimTrac" and substitute:

   the ACC

2. (2)

   Section 8BA(6), definition of CrimTrac—delete the definition and substitute:

   ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth;

Part 3Amendment of Criminal Law (Forensic Procedures) Act 2007

4Amendment of section 41 – Commissioner may maintain DNA database system

1. (1)

   Section 41(2)(b)—delete "CrimTrac" wherever occurring and substitute in each case:

   the ACC

2. (2)

   Section 41(3), definition of CrimTrac—delete the definition and substitute:

   ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth.

Part 4Amendment of Disability Services Act 1993

5Amendment of section 5C – Obligations of certain performers of prescribed functions in respect of relevant history

1. (1)

   Section 5C(3)(b)—delete "CrimTrac" and substitute:

   the ACC

2. (2)

   Section 5C(6), definition of CrimTrac—delete the definition and substitute:

   ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth;

Part 5Amendment of Spent Convictions Act 20096Amendment of section 3 – Preliminary

Section 3(1), definition of justice agency, (e)—delete paragraph (e)

Schedule 1—Transitional provisions

1—Preliminary

In this Schedule—

ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth;

CrimTrac means the CrimTrac Agency established under the Public Service Act 1999 of the Commonwealth.

2—Transitional provision—Children's Protection Act 1993

A criminal history report prepared by CrimTrac or a CrimTrac accredited agency or broker will, for the purposes of section 8BA of the Children's Protection Act 1993 as in force after the commencement of Part 2 of this Act, be taken to be a criminal history report prepared by the ACC.

3—Transitional provision—Disability Services Act 1993

A criminal history report prepared by CrimTrac or a CrimTrac accredited agency or broker will, for the purposes of section 5C of the Disability Services Act 1993 as in force after the commencement of Part 4 of this Act, be taken to be a criminal history report prepared by the ACC.