incident includes a series of incidents.
permitted purpose means either or both of the following:
- (a)
- the purpose of identifying an unidentified person who died in or as a
result of an incident in relation to which this Division applies;
- (b)
- the purpose of conducting a criminal investigation in relation to such an
incident.
(1) This Division applies in relation to the following incidents: - (a)
- the
bombings that occurred in Bali, Indonesia on 12 October 2002 (local
time);
- (b)
- any incident occurring outside Australia and Norfolk Island that the
Minister determines, in writing, to be an incident in relation to which this
Division applies.
(2) Before making a determination under paragraph (1)(b), the Minister
must be satisfied that:
- (a)
- one or more Australian citizens or Australian
residents have died in or as a result of the incident; and
- (b)
- it is appropriate in the circumstances for this Division to apply in
relation to the incident.
(3) A determination under paragraph (1)(b) is a disallowable instrument
for the purposes of section 46A of the Acts Interpretation Act 1901 .
(1) Despite section 23YDAE, a person may access information stored on the
DNA database system if:
- (a)
- the access is for the purpose of forensic
comparison under a law of a State or Territory relating to forensic procedures
and DNA databases; and
- (b)
- the forensic comparison is for a permitted purpose.
(2) Despite any law of a State or Territory relating to forensic procedures
and DNA databases, a person may access information stored on a DNA database
system if:
- (a)
- the access is for the purpose of forensic comparison under
this Part; and
- (b)
- the forensic comparison is for a permitted purpose.
(3) Despite section 23YDAE or any law of a State or Territory relating to
forensic procedures and DNA databases, a person may access information stored
on a DNA database system if the access is for the purpose of disclosing that
information under section 23YUI.
(1) Despite section 23YDAF, a person may match a DNA profile on the
unknown deceased persons index of the DNA database system with another DNA
profile on that index if the matching is for a permitted purpose.
(2) Despite any law of a State or Territory relating to forensic procedures
and DNA databases, a person may match a DNA profile on the unknown deceased
persons index of a DNA database system with another DNA profile on that index
if the matching is for a permitted purpose.
(1) Despite section 23YO, or any law of a State or Territory relating to
forensic procedures and DNA databases, a person may disclose information
stored on a DNA database system if:
- (a)
- the disclosure is to:
- (i)
- any law enforcement agency (within the meaning of the National Crime
Authority Act 1984 ); or
- (ii)
- a foreign law enforcement agency (within the meaning of that Act); or
- (iii)
- the International Criminal Police Organisation; or
- (iv)
- any other agency or body of the Commonwealth, a State or a Territory, or
of a foreign country, prescribed by the regulations; and
- (b)
- the information is relevant to the activities of that agency or body; and
- (c)
- the disclosure is for a permitted purpose.
(2) Despite section 23YO, or any law of a State or Territory relating to
forensic procedures and DNA databases, a person may disclose information
stored on a DNA database system if:
- (a)
- the information concerns the result
of a match of an unknown deceased person's DNA profile with a missing person's
DNA profile; and
- (b)
- the disclosure is made to a relative, guardian, spouse, de facto
partner or friend of the deceased person.
This Division does not limit the circumstances in which a person may: - (a)
- access information stored on a DNA database system; or
- (b)
- match a DNA profile on an index of a DNA database system; or
- (c)
- disclose information stored on a DNA database system;
under this Part.
- Note: See section 23YU on the effect of this Part on other laws.
(1) The Minister must cause an independent review of the operation of this
Division to be undertaken as soon as possible after the first anniversary of
the commencement of item 1 of Schedule 1 to the Crimes Amendment
Act 2002 referred to in subsection 2(1) of that Act.
(2) A person who undertakes the review must give the Minister a written report
of the review.
(3) The Minister must cause a copy of the report to be tabled in each House of
the Parliament within 15 sitting days of that House after its receipt by the
Minister.
(4) In this section:
independent review means a review undertaken by persons
who:
- (a)
- in the Minister's opinion, possess appropriate qualifications to undertake
the review; and
- (b)
- include a nominee of the Attorney-General, a nominee of the Commissioner
of the Australian Federal Police, a nominee of the Director of Public
Prosecutions, a nominee of the Ombudsman and a nominee of the Privacy
Commissioner.
2 Subparagraph 23YUI(1)(a)(i)
Omit " National Crime Authority Act 1984 ",
substitute " Australian Crime Commission Act 2002 ".
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