EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 81
Issued by the authority of the Minister for Justice and Customs
Subject - Crimes Act 1914
Crimes Amendment Regulations 2005 (No. 1)
Section 91 of the Crimes Act 1914 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Part 1D of the Act provides for prescribed persons to carry out forensic procedures on those suspected of committing indictable offences, those that have committed prescribed and serious offences, and volunteers. Part 1D also refers to a DNA database system and regulates the use of information stored on that database system.
The Australian Government has created the national DNA database system (‘the DNA database’) in cooperation with State and Territory governments to assist with the investigation of crimes by facilitating the sharing of DNA information.
Section 23YUA of the Act defines ‘corresponding law’ as a law relating to the carrying out of forensic procedures and DNA databases that substantially corresponds to Part 1D of the Act or is prescribed in regulations.
The Crimes Regulations 1990 (‘the Principal Regulations’) set out various matters necessary to give effect to the Act.
The purpose of the proposed Regulations is to prescribe Queensland forensic procedure law as a ‘corresponding law’ for the purposes of section 23YUA of the Act. In order to participate in the sharing of information stored on the DNA database, State and Territory governments must have corresponding laws.
The Regulations:
(i) prescribe Chapter 8A of the Police Powers and Responsibilities Act 2000 and Part 2A and Schedules 1 and 7 to the Police Powers and Responsibilities Regulation 2000 of Queensland as corresponding laws under section 23YUA of the Act; and
(ii) include in Schedule 3C to the Principal Regulations those provisions of the relevant Queensland laws taken to correspond to particular Divisions of Part 1D of the Act.
These amendments would enable Queensland to participate in the sharing of information stored in the DNA database.
Details of the Regulations are set out in the Attachment.
The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Authority: Section 91 of the Crimes Act 1914
ATTACHMENT
Crimes Amendment Regulations 2005 (No. 1)
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Crimes Amendment Regulations 2005 (No. 1)
Regulation 2 – Commencement
This regulation provides for the Regulations to commence on the day after they are registered.
Regulation 3 – Amendment of Crimes Regulations 1990
This regulation provides that the Crimes Regulations 1990 (the Principal Regulations) are amended as set out in Schedule 1.
Schedule 1 – Amendments
Item [1] – subregulation 6E(1)
This item amends subregulation 6E(1) of the Principal Regulations to prescribe Chapter 8A of the Police Powers and Responsibilities Act 2000 and Part 2A and Schedules 1 and 7 to the Police Powers and Responsibilities Regulation 2000 of Queensland as corresponding laws for the purposes of section 23YUA of the Act.
Item [2] – Schedule 3C, item 1, column 3
This item amends Item 1 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) that substantially correspond to the provisions of Division 3 of Part 1D of the Act. Division 3 regulates forensic procedures on a suspect that consents to those procedures.
Item [3] – Schedule 3C, item 2, column 3
This item amends Item 2 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) that substantially correspond to the provisions of Division 4 of Part 1D of the Act. Division 4 regulates how, and under what circumstances, a police constable may authorise the carrying out of a non-intimate forensic procedure on a suspect that does not consent.
Item [4] – Schedule 3C, item 3, column 3
This item amends Item 3 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) that substantially correspond to the provisions of Division 5 of Part 1D of the Act. Division 5 regulates how, and under what circumstances, a magistrate may authorise the carrying out of a forensic procedure on a suspect.
Item [5] – Schedule 3C, item 4, column 3
This item amends Item 4 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) that substantially correspond to the provisions of Division 6 of Part 1D of the Act. Division 6 regulates the carrying out of forensic procedures on suspects, including who may carry out those procedures.
Item [6] – Schedule 3C, item 5, column 3
This item amends Item 5 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) that substantially correspond to the provisions of Division 6A of Part 1D of the Act. Division 6A regulates the carrying out of forensic procedures after the conviction of serious and prescribed offences.
Item [7] – Schedule 3C, item 6, column 3
This item amends Item 6 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) that substantially correspond to the provisions of Division 6B of Part 1D of the Act. Division 6B regulates the carrying out of forensic procedures on volunteers.
Item [8] – Schedule 3C, item 8, column 3
This item amends Item 8 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) that substantially correspond to the provisions of Division 8 of Part 1D of the Act. Division 8 regulates the destruction of forensic material obtained from forensic procedures.
Item [9] – Schedule 3C, item 9, column 3
This item amends Item 9 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) and the Police Powers and Responsibilities Regulation 2000 (Queensland) that substantially correspond to the provisions of Division 8A of Part 1D of the Act. Division 8A regulates the storage and use of forensic material on a DNA database system.
Item [10] – Schedule 3C, item 10, column 3
This item amends Item 10 of Schedule 3C to the Principal Regulations to identify the provisions of the Police Powers and Responsibilities Act 2000 (Queensland) and the Police Powers and Responsibilities Regulation 2000 (Queensland) that substantially correspond to the provisions of Division 11 of Part 1D of the Act. Division 11 regulates the inter-jurisdictional aspects of a DNA database system.