EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 288
Issued by the authority of the Minister for Justice and Customs
Subject - Crimes Act 1914
Crimes Amendment Regulations 2006 (No. 2)
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 Northern Territory forensic procedure law as a ‘corresponding law’ for the purposes of section 23YUA of the Act.
The Regulations prescribe Division 7 of Part VII of the Police Administration Act 1978 (NT) as corresponding law under section 23YUA of the Act.
These amendments enable Northern Territory 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.
Consultation is not necessary for this legislative instrument as this instrument is of a minor or machinery nature and does not substantially alter existing arrangements. It has no direct or substantial indirect effect on business.
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 2006 (No. 2)
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Crimes Amendment Regulations 2006 (No. 2)
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)(f)
This item amends subregulation 6E(1)(f) of the Principal Regulations and makes a minor drafting change. This drafting change facilitates the insertion of subregulation 6E(1)(g) that prescribes Division 7 of Part VII of the Police Administration Act 1978 (NT) as corresponding law for the purposes of section 23YUA of the Act.
Item [2] – subregulation 6E(1)(f)
This item amends subregulation 6E(1)(f) of the Principal Regulations by inserting subregulation 6E(1)(g) prescribing Division 7 of Part VII of the Police Administration Act 1978 (NT) as corresponding law for the purposes of section 23YUA of the Act.
Overview
The Crimes Amendment Regulations 2006 (No. 2) were introduced to amend the Crimes Regulations 1990 and enable the Northern Territory to participate in the national DNA database system. Enacted by the authority of the Minister for Justice and Customs, these regulations were made under section 91 of the Crimes Act 1914, which allows for the creation of regulations to carry out or give effect to the Act. The principal objective of these amendments is to prescribe Northern Territory forensic procedure law as a 'corresponding law' for the purposes of section 23YUA of the Act, facilitating the sharing of DNA information within the national database system established by the Australian Government in cooperation with State and Territory governments. This legislative instrument, categorised as minor and of a machinery nature, does not require consultation as it does not substantially alter existing arrangements and has no direct or substantial indirect effect on business.
Scope and Application
The Crimes Amendment Regulations 2006 (No. 2) extend the scope of the Crimes Act 1914 to encompass Northern Territory forensic procedure law, specifically by prescribing Division 7 of Part VII of the Police Administration Act 1978 (NT) as corresponding law under section 23YUA of the Act. This amendment facilitates the Northern Territory’s participation in the national DNA database system, thereby enabling the sharing of DNA information to assist in the investigation of crimes. The Regulations do not specify any conditions or thresholds that must be met for their application, and they are of a minor nature, not requiring consultation as they do not substantially alter existing arrangements or affect business operations. The Regulations come into effect on the day after they are registered on the Federal Register of Legislative Instruments, following the authority granted under Section 91 of the Crimes Act 1914.
Key Provisions
The Crimes Amendment Regulations 2006 (No. 2) introduce several key provisions, primarily aimed at aligning the Northern Territory's forensic procedures with the national framework set out in Part 1D of the Crimes Act 1914. Specifically, the Regulations prescribe Division 7 of Part VII of the Police Administration Act 1978 (NT) as the corresponding law under section 23YUA of the Act, facilitating the sharing of DNA information within the national DNA database (regulation 3). This amendment ensures that Northern Territory law substantially corresponds with the requirements for carrying out forensic procedures and the management of DNA databases as specified in the Crimes Act.
These Regulations impose certain obligations on the parties and entities they govern. For instance, they mandate that the Northern Territory adheres to the prescribed forensic procedures outlined in Division 7 of Part VII of the Police Administration Act 1978 (NT). These procedures must align with the national standards set by the Crimes Act to ensure the effective and lawful sharing of DNA information. Compliance with these regulations is necessary for participating in the national DNA database, which is crucial for the investigation and resolution of indictable offences and serious crimes.
The Crimes Amendment Regulations 2006 (No. 2) do not introduce new offences or penalties but rather establish a framework for the lawful exchange of DNA information. Any breaches of the corresponding law or non-compliance with the prescribed forensic procedures could lead to legal consequences under the relevant state or territory laws. For instance, failure to adhere to the mandated procedures in the Police Administration Act 1978 (NT) could result in penalties as defined under Northern Territory law. These penalties may include fines or other civil consequences depending on the severity of the breach and the jurisdiction's regulatory framework.