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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Forensic Procedures)
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Forensic Procedures) Act 2000
No 59 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2008-054-31.d14
New South Wales
Crimes (Forensic Procedures)
Amendment Bill 2008
No , 2008
A Bill for
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.
Clause 1 Crimes (Forensic Procedures) Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Forensic Procedures) Amendment Act 2008. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of Crimes (Forensic Procedures) Act 2000 No 59 6
The Crimes (Forensic Procedures) Act 2000 is amended as set out in 7
Schedule 1. 8
4 Repeal of Act 9
(1) This Act is repealed on the day following the day on which this Act 10
commences. 11
(2) The repeal of this Act does not, because of the operation of section 30 12
of the Interpretation Act 1987, affect any amendment made by this Act. 13
Page 2
Crimes (Forensic Procedures) Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 93 Permissible matching of DNA profiles 3
Omit section 93 (1) and (2) (including the table to section 93 (2)). 4
Insert instead: 5
(1) A matching of a DNA profile on an index of the DNA database 6
system specified at the top of a column of the table to this 7
subsection with a DNA profile on an index of the system 8
specified in column 1 of a row of the table: 9
(a) is not permitted by this Part if "no" is shown at the 10
intersection of the relevant row and column, and 11
(b) is permitted by this Part if "yes" is shown at the 12
intersection of the relevant row and column, and 13
(c) is permitted by this Part in connection with the volunteers 14
(limited purposes) index if "only if within purpose" is 15
shown at the intersection of the relevant row and column, 16
but only if the matching is for a purpose for which the 17
relevant DNA profile was placed on that index. 18
Index of Is matching permitted?
profile
to be
matched
column 1 column 2 column 3 column 4 column 5 column 6 column 7 column 8
crime suspects volunteers volunteers offenders missing unknown
scene (limited (unlimited persons deceased
purposes) purposes) persons
crime yes yes only if yes yes yes yes
scene within
purpose
suspects yes yes no no yes yes yes
volunteers only if no no no only if only if only if
(limited within within within within
purposes) purpose purpose purpose purpose
volunteers yes no no no yes yes yes
(unlimited
purposes)
offenders yes yes only if yes yes yes yes
within
purpose
Page 3
Crimes (Forensic Procedures) Amendment Bill 2008
Schedule 1 Amendments
Index of Is matching permitted?
profile
to be
matched
column 1 column 2 column 3 column 4 column 5 column 6 column 7 column 8
missing yes yes only if yes yes yes yes
persons within
purpose
unknown yes yes only if yes yes yes yes
deceased within
persons purpose
[2] Section 95 Definitions 1
Omit the definition of responsible authority. Insert in alphabetical order: 2
CrimTrac means the Commonwealth agency of that name. 3
responsible authority, in relation to a participating jurisdiction, 4
means any one or more of the following: 5
(a) the Minister having responsibility for a corresponding law 6
within that jurisdiction, 7
(b) a public authority that administers a corresponding law 8
within that jurisdiction, 9
(c) a person or body prescribed by the regulations, 10
and includes, in relation to the Commonwealth, CrimTrac. 11
[3] Section 97 Database information 12
Omit section 97 (1) and (1A). Insert instead: 13
(1) The Minister may enter into arrangements for any of the purposes 14
set out in subsection (1A) with the responsible authority of one or 15
more participating jurisdictions under which: 16
(a) information from the DNA database of this State may be 17
transmitted to any jurisdiction that is a party to the 18
arrangements, and 19
(b) information from any such jurisdiction may be transmitted 20
to this State. 21
(1A) Information that is transmitted under this section must not be 22
used except for the following purposes: 23
(a) the investigation of, or the conduct of proceedings for, an 24
offence against the law of this State or the law of a 25
jurisdiction that is a party to the arrangements, 26
(b) the identification of missing or deceased persons, 27
Page 4
Crimes (Forensic Procedures) Amendment Bill 2008
Amendments Schedule 1
(c) if arrangements are entered into with CrimTrac-- 1
CrimTrac comparing the transmitted information with 2
information transmitted from a participating jurisdiction 3
and then notifying this State and that jurisdiction of any 4
matches that it finds. 5
[4] Section 97 (1B) 6
Omit "Such an arrangement". 7
Insert instead "Arrangements under this section". 8
[5] Section 109 Disclosure of information 9
Omit "(1) or (1A)" from section 109 (2) (c1). 10
[6] Schedule 2 Savings, transitional and other provisions 11
Insert at the end of clause 1 (1): 12
Crimes (Forensic Procedures) Amendment Act 2008 13
[7] Schedule 2, Part 5 14
Insert after Part 4: 15
Part 5 Provisions consequent on enactment of 16
Crimes (Forensic Procedures) Amendment 17
Act 2008 18
12 Ministerial arrangements under section 97 19
Each of the following arrangements is taken to have been validly 20
entered into under section 97 (1), as substituted by the Crimes 21
(Forensic Procedures) Amendment Act 2008, on and from the 22
date the arrangement was entered into: 23
(a) the arrangement entitled "Section 97 (1) New South 24
Wales/Commonwealth Arrangement" signed by the 25
Attorney General and the Minister for Justice and Customs 26
of the Commonwealth and dated 25 November 2003, 27
(b) the arrangement entitled "Crimes (DNA Database) 28
(Reciprocal Access--New South Wales and Queensland) 29
Arrangement" signed by the Attorney General and the 30
Minister for Police and Corrective Services of Queensland 31
and dated 16 May 2005, 32
(c) the arrangement entitled "Arrangement for the 33
Transmission of DNA Database Information to and from 34
New South Wales and the CrimTrac Agency of the 35
Page 5
Crimes (Forensic Procedures) Amendment Bill 2008
Schedule 1 Amendments
Commonwealth" signed by the Attorney General and the 1
Chief Executive Officer of CrimTrac and dated 2
28 February 2007, 3
(d) the arrangement entitled "New South Wales and Western 4
Australia Ministerial Arrangement for the Transmission of 5
DNA Database Information" signed by the Attorney 6
General and the Minister for Police and Emergency 7
Services of Western Australia and dated 19 July 2007, 8
(e) the arrangement entitled "New South Wales and 9
Australian Capital Territory Ministerial Arrangement for 10
the Transmission of DNA Database Information" signed 11
by the Attorney General and the Attorney General of the 12
Australian Capital Territory and dated 20 July 2007, 13
(f) the arrangement entitled "New South Wales and Victoria 14
Ministerial Arrangement for the Transmission of DNA 15
Database Information" signed by the Attorney General and 16
the Attorney General of Victoria and dated 13 August 17
2007, 18
(g) the arrangement entitled "New South Wales and Tasmania 19
Ministerial Arrangement for the Transmission of DNA 20
Database Information" signed by the Attorney General and 21
the Minister for Justice and Workplace Relations of 22
Tasmania and dated 17 September 2007, 23
(h) the arrangement entitled "New South Wales and South 24
Australia Ministerial Arrangement for the Transmission of 25
DNA Database Information" signed by the Attorney 26
General and the Attorney General of South Australia and 27
dated 19 February 2008. 28
Page 6
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