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TASMANIA
__________
FORENSIC PROCEDURES AMENDMENT
BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Non-application of Act to victims)
6. Section 53 amended (Use of information on DNA
database system)
7. Section 58 amended (Database information)
8. Section 63 amended (Disclosure of information)
[Bill 32]-X
2
FORENSIC PROCEDURES AMENDMENT
BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Forensic Procedures Act 2000
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Forensic Procedures
Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Forensic Procedures Act 2000* is
referred to as the Principal Act.
*No. 101 of 2000
[Bill 32] 3
s. 4 No. Forensic Procedures Amendment 2003
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by omitting "relating to the carrying out of
forensic procedures and DNA databases" from
the definition of "corresponding law";
(b) by omitting the definition of "DNA database";
(c) by omitting the definition of "participating
jurisdiction" and substituting the following
definition:
"participating jurisdiction" means
the Commonwealth, a State or a
Territory if there is a
corresponding law in force in that
jurisdiction;
(d) by omitting paragraph (a) from the definition
of "serious offenders index" and substituting
the following paragraph:
(a) from prescribed offenders in
accordance with Part 3 or under a
corresponding law of a
participating jurisdiction; and
(e) by inserting "or under a provision of a
corresponding law that has substantially the
same effect as section 30" after "section 30" in
the definition of "volunteers (limited purposes)
index";
(f) by inserting "or under a provision of that
corresponding law that has substantially the
same effect as section 30" after "section 30" in
paragraph (a) of the definition of "volunteers
(unlimited purposes) index";
4
2003 Forensic Procedures Amendment No. s. 5
(g) by inserting "or under that corresponding law"
after "Part 8" in paragraph (a) of the definition
of "volunteers (unlimited purposes) index".
Section 5 amended (Non-application of Act to
victims)
5. Section 5 of the Principal Act is amended by omitting
"this Act" and substituting "Parts 2, 3, 4, 5, 6 and 7".
Section 53 amended (Use of information on DNA
database system)
6. Section 53(2) of the Principal Act is amended by
omitting paragraph (d) and substituting the following
paragraph:
(d) the purpose of an arrangement made under
section 57 or 58;
Section 58 amended (Database information)
7. Section 58 of the Principal Act is amended as follows:
(a) by omitting paragraphs (a) and (b) from
subsection (1) and substituting the following
paragraphs:
(a) information from the DNA
database system of this State may
be transmitted to a participating
jurisdiction for the purposes of
(i) forensic requirements,
criminal investigation or
criminal proceedings in that
participating jurisdiction; or
5
s. 7 No. Forensic Procedures Amendment 2003
(ii) subsequent transmission by
that participating
jurisdiction to, and at the
request of, another
participating jurisdiction for
the purposes of forensic
requirements, criminal
investigation or criminal
proceedings in that other
participating jurisdiction;
and
(b) information from a DNA database
of a participating jurisdiction may
be transmitted to the
Commissioner of Police for the
purposes of
(i) forensic requirements,
criminal investigation or
criminal proceedings in this
State; or
(ii) subsequent transmission by
the State to, and at the
request of, a participating
jurisdiction for the purposes
of forensic requirements,
criminal investigation or
criminal proceedings in that
participating jurisdiction.
(b) by inserting the following subsection after
subsection (1):
(1A) For the purposes of implementing
arrangements entered into under
subsection (1), the Minister may enter into
arrangements with
6
2003 Forensic Procedures Amendment No. s. 8
(a) the CrimTrac Agency established
on 1 July 2000 as an Executive
Agency by the Governor-General
of the Commonwealth under
section 65 of the Public Service Act
1999 of the Commonwealth; and
(b) any other prescribed person, or
prescribed agency, in a
participating jurisdiction.
Section 63 amended (Disclosure of information)
8. Section 63(2) of the Principal Act is amended by
omitting paragraph (d) and substituting the following
paragraph:
(d) the purpose of an arrangement made under
section 57 or 58;
Government Printer, Tasmania 7