An Act to amend the Crimes (Forensic Procedures) Act 2000 with respect to the matching of DNA profiles and the sharing of DNA information with other jurisdictions; and for other purposes.
1 Name of Act
This Act is the Crimes (Forensic Procedures) Amendment Act 2008.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Crimes (Forensic Procedures) Act 2000 No 59
The Crimes (Forensic Procedures) Act 2000 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act commences.(2) The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendments
(Section 3)
[1] Section 93 Permissible matching of DNA profiles
Omit section 93 (1) and (2) (including the table to section 93 (2)).Insert instead:(1) A matching of a DNA profile on an index of the DNA database system specified at the top of a column of the table to this subsection with a DNA profile on an index of the system specified in column 1 of a row of the table:(a) is not permitted by this Part if “no” is shown at the intersection of the relevant row and column, and(b) is permitted by this Part if “yes” is shown at the intersection of the relevant row and column, and(c) is permitted by this Part in connection with the volunteers (limited purposes) index if “only if within purpose” is shown at the intersection of the relevant row and column, but only if the matching is for a purpose for which the relevant DNA profile was placed on that index.
[2] Section 95 Definitions
Omit the definition of . Insert in alphabetical order:CrimTrac means the Commonwealth agency of that name., in relation to a participating jurisdiction, means any one or more of the following:(a) the Minister having responsibility for a corresponding law within that jurisdiction,(b) a public authority that administers a corresponding law within that jurisdiction,and includes, in relation to the Commonwealth, CrimTrac.(c) a person or body prescribed by the regulations,
[3] Section 97 Database information
Omit section 97 (1) and (1A). Insert instead:(1) The Minister may enter into arrangements for any of the purposes set out in subsection (1A) with the responsible authority of one or more participating jurisdictions under which:(a) information from the DNA database of this State may be transmitted to any jurisdiction that is a party to the arrangements, and(b) information from any such jurisdiction may be transmitted to this State.(1A) Information that is transmitted under this section must not be used except for the following purposes:(a) the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of a jurisdiction that is a party to the arrangements,(b) the identification of missing or deceased persons,(c) if arrangements are entered into with CrimTrac—CrimTrac comparing the transmitted information with information transmitted from a participating jurisdiction and then notifying this State and that jurisdiction of any matches that it finds.
[4] Section 97 (1B)
Omit “Such an arrangement”.Insert instead “Arrangements under this section”.
[5] Section 109 Disclosure of information
Omit “(1) or (1A)” from section 109 (2) (c1).
[6] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
[7] Schedule 2, Part 5
Insert after Part 4:Part 5 Provisions consequent on enactment of Crimes (Forensic Procedures) Amendment Act 200812 Ministerial arrangements under section 97Each of the following arrangements is taken to have been validly entered into under section 97 (1), as substituted by the Crimes (Forensic Procedures) Amendment Act 2008, on and from the date the arrangement was entered into:(a) the arrangement entitled “Section 97 (1) New South Wales/Commonwealth Arrangement” signed by the Attorney General and the Minister for Justice and Customs of the Commonwealth and dated 25 November 2003,(b) the arrangement entitled “Crimes (DNA Database) (Reciprocal Access—New South Wales and Queensland) Arrangement” signed by the Attorney General and the Minister for Police and Corrective Services of Queensland and dated 16 May 2005,(c) the arrangement entitled “Arrangement for the Transmission of DNA Database Information to and from New South Wales and the CrimTrac Agency of the Commonwealth” signed by the Attorney General and the Chief Executive Officer of CrimTrac and dated 28 February 2007,(d) the arrangement entitled “New South Wales and Western Australia Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Minister for Police and Emergency Services of Western Australia and dated 19 July 2007,(e) the arrangement entitled “New South Wales and Australian Capital Territory Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Attorney General of the Australian Capital Territory and dated 20 July 2007,(f) the arrangement entitled “New South Wales and Victoria Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Attorney General of Victoria and dated 13 August 2007,(g) the arrangement entitled “New South Wales and Tasmania Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Minister for Justice and Workplace Relations of Tasmania and dated 17 September 2007,(h) the arrangement entitled “New South Wales and South Australia Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Attorney General of South Australia and dated 19 February 2008.