Crimes Act 1914 - Determination of an Incident under Division 11A (02/10/2005)

Overview

The F2005L02994 Determination, issued under the authority of the Minister for Justice and Customs, was enacted to facilitate the identification of Australian citizens and residents who lost their lives in the Bali bombings on 1 October 2005. This determination was made under section 23YUF(1)(b) of the Crimes Act 1914, which was established to address the tragic events of the 2002 Bali bombings, aiming to streamline the identification process through the use of DNA matching and the national DNA database system. The legislation was introduced by the Australian Parliament to ensure that victims are identified efficiently and effectively, utilising combined federal, state, and territory forensic resources. The policy objective is to provide a cohesive approach to victim identification in the aftermath of such incidents, and this determination was developed in consultation with the Australian Federal Police.

Scope and Application

The Determination of an Incident under Division 11A of the Crimes Act 1914 applies to individuals who were found dead as a result of the bombings in Bali, Indonesia on 1 October 2005. The legislation specifically targets the identification of Australian citizens or residents who perished in the incident by employing streamlined DNA matching procedures and the national DNA database system. This determination is grounded in the recognition that the use of these streamlined procedures is appropriate given the circumstances, particularly because the Bali bombings have previously necessitated such measures. The application of these procedures is intended to facilitate a unified approach to victim identification, leveraging forensic resources from the Commonwealth, as well as the states and territories. The Minister for Justice and Customs, in making this determination under section 23YUF(1)(b) of the Crimes Act 1914, was advised by the Australian Federal Police and this instrument is subject to disallowance as a disallowable instrument under section 46A of the Acts Interpretation Act 1901.

Key Provisions

The main operative sections of this legislation (section 23YUF(1)(b)) provide for the streamlined DNA matching procedures outlined in Division 11A of the Crimes Act 1914 to be applied in relation to the identification of victims of the Bali bombings on 1 October 2005. The streamlined procedures allow for the use of the national DNA database system to identify those found dead as a result of the incident. This determination was made under the authority of the Minister for Justice and Customs, who was satisfied that one or more Australian citizens or residents were among the victims and that the streamlined procedures were appropriate in the circumstances. The Act imposes specific obligations and requirements on the parties involved in the identification process. It mandates the use of streamlined DNA matching procedures that leverage Commonwealth, state, and territory forensic resources. The Australian Federal Police, in consultation with relevant authorities, are responsible for the implementation of these procedures. The Act ensures that the national DNA database system is utilised to facilitate the identification process, thereby expediting the return of remains to families and providing closure. There are no explicit offences or penalties outlined in this determination itself, but breaches of the procedures or misuse of the DNA database system could result in criminal charges under other provisions of the Crimes Act 1914. For instance, mishandling of DNA samples or unauthorised access to the national DNA database could lead to charges under sections related to offences against the person or offences against property. The penalties for such offences can vary significantly, depending on the severity of the breach, but they may include substantial fines and imprisonment. In summary, this determination under section 23YUF(1)(b) of the Crimes Act 1914 ensures that the streamlined DNA matching procedures in Division 11A are applied to the Bali bombings victims. It mandates the use of federal, state, and territory resources and the national DNA database system for identification. While the determination itself does not impose specific penalties, breaches of related procedures could lead to criminal charges under other sections of the Act, with potential penalties including fines and imprisonment.