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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes Amendment (DNA Database) Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 3
5 Computerised databases 4
6 DNA database system heading 4
7 Use of information on DNA database system 4
8 Permissible matching of DNA profiles 5
9 Recording, retention and removal of identifying information
on DNA database system 6
10 Disclosure of information 8
11 Database information 9
464ZGN Arrangements for transmission of information on
DNA database 9
12 Transitional provisions 11
608 Transitional provisions--Crimes Amendment
(DNA Database) Act 2007 11
13 Repeal of Act 12
ENDNOTES 13
561037B.I-1/5/2007 i BILL LA INTRODUCTION 1/5/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Crimes Amendment (DNA Database)
Bill 2007
A Bill for an Act to amend the Crimes Act 1958 in relation to DNA
databases and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Crimes
Act 1958 to enable national automatic matching
of data on DNA databases by--
5 (a) providing for the legal recognition of the
National Criminal Investigation DNA
Database (NCIDD) as a separate entity and
to distinguish it from the Victorian DNA
database and DNA databases kept by other
10 jurisdictions; and
(b) changing the matching table that governs
which types of DNA samples may be
compared with other DNA samples, and to
561037B.I-1/5/2007 1 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 2
remove anomalies and broaden the ranges of
permissible matches; and
(c) broadening the Minister's powers to enter
into agreements with other jurisdictions in
5 relation to the sharing of DNA data and
ensuring the powers are broad enough to
allow the NCIDD to operate to its full
capacity and match samples automatically;
and
10 (d) updating the oversight and enforcement
powers for DNA databases; and
(e) making consequential amendments to ensure
other provisions of the Crimes Act 1958 are
consistent with the new arrangements.
15 2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Principal Act
See: In this Act, the Crimes Act 1958 is called the
Act No.
20 6231/1958. Principal Act.
Reprint No. 19
as at
1 December
2006 and
amending Act
Nos 16/2004,
97/2005,
23/2006,
48/2006 and
50/2006.
LawToday:
www.
legislation.
vic.gov.au
Principal Act
561037B.I-1/5/2007 2 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 4
4 Definitions
(1) In section 464(2) of the Principal Act for the
definition of DNA database substitute--
"DNA database means--
5 (a) the Victorian DNA database; or
(b) NCIDD; or
(c) another DNA database system that is
kept under a corresponding law of a
participating jurisdiction;".
10 (2) In section 464(2) of the Principal Act insert the
following definitions--
''CrimTrac means the CrimTrac Agency,
established as an Executive Agency by the
Governor-General by order under section 65
15 of the Public Service Act 1999 of the
Commonwealth;
National Criminal Investigation DNA Database
means the DNA database system that--
(a) is known as the National Criminal
20 Investigation DNA Database; and
(b) is managed by the Commonwealth;
NCIDD means the National Criminal
Investigation DNA Database;
responsible person, in relation to a DNA
25 database, means the person responsible for
the care, control and management of the
system;
Victorian DNA database means the DNA
database system kept under section
30 464ZFD;".
561037B.I-1/5/2007 3 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 5
5 Computerised databases
(1) For the heading to section 464ZFD of the
Principal Act substitute--
"Victorian DNA database".
5 (2) Immediately before section 464ZFD(1) of the
Principal Act insert--
"(1AA) The Chief Commissioner of Police may keep
a DNA database system.".
(3) In section 464ZFD(1) of the Principal Act for
10 "a computerised database" substitute "the DNA
database system kept under subsection (1AA)".
(4) In section 464ZFD(2) of the Principal Act for
"a DNA database" substitute "the DNA database
system kept under subsection (1AA)".
15 6 DNA database system heading
In the heading immediately before section
464ZGG of the Principal Act for "system"
substitute "systems".
7 Use of information on DNA database system
20 (1) In section 464ZGH (including the heading) of the
Principal Act for "DNA database system"
(wherever occurring) substitute "Victorian DNA
database".
(2) For section 464ZGH(2)(d) of the Principal Act
25 substitute--
"(d) in accordance with an arrangement entered
into under section 464ZGN;".
561037B.I-1/5/2007 4 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 8
(3) For section 464ZGH(2)(g)(iii) of the Principal Act
substitute--
"(iii) the Ombudsman appointed under the
Ombudsman Act 1973; or
5 (iv) the Director, Police Integrity within the
meaning of the Police Regulation Act
1958.".
8 Permissible matching of DNA profiles
(1) For section 464ZGI(1) of the Principal Act and
10 the Table that follows that subsection
substitute--
'(1) A matching of a DNA profile on an index of
the Victorian DNA database specified in
column 1 of the following Table with a DNA
15 profile on another index of the database
specified in column 2, 3, 4, 5, 6, 7 or 8 of the
Table is not permitted by this Subdivision
if--
(a) "only if within purpose" is shown in
20 relation to the index specified in
column 2, 3, 4, 5, 6, 7 or 8 opposite the
volunteers (limited purposes) index
specified in column 1; and
(b) the matching is carried out for a
25 purpose other than a purpose for which
the DNA profile placed on the
volunteers (limited purposes) index
specified in column 1 was so placed.
561037B.I-1/5/2007 5 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 9
TABLE
Profile to be Is matching
matched permitted?
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8
Volunteers (Volunteers Unknown
(limited (unlimited Serious Missing deceased
Crime Suspects purposes) purposes) offenders persons persons
Scene
1. crime scene yes yes only if yes yes yes yes
within
purpose
2. suspects yes yes only if yes yes yes yes
within
purpose
3. volunteers only if only if only if only if only if only if only if
(limited within within within within within within within
purposes) purpose purpose purpose purpose purpose purpose purpose
4. volunteers yes yes only if yes yes yes yes
(unlimited within
purposes) purpose
5. serious yes yes only if yes yes yes yes
offenders within
purpose
6. missing yes yes only if yes yes yes yes
persons within
purpose
7. unknown yes yes only if yes yes yes yes
deceased within
persons purpose
'.
(2) In sections 464ZGI(2) and (3) of the Principal Act
for "the DNA database system" (wherever
occurring) substitute "the Victorian DNA
database".
5 9 Recording, retention and removal of identifying
information on DNA database system
(1) In section 464ZGJ (including the heading) of the
Principal Act for "DNA database system"
(wherever occurring) substitute "DNA database".
561037B.I-1/5/2007 6 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 9
(2) In section 464ZGJ(1) of the Principal Act for the
definition of identifying information substitute--
"identifying information means information
referred to in section 464ZFD(1), whether or
5 not kept on the Victorian DNA database;".
(3) In section 464ZGJ(1) of the Principal Act, in the
definition of identifying period for "a DNA
profile" substitute "identifying information".
(4) In section 464ZGJ(1) of the Principal Act, in the
10 definition of identifying period for "the DNA
profile" (wherever occurring) substitute
"the information".
(5) In section 464ZGJ(1) of the Principal Act, in
paragraph (c) of the definition of identifying
15 period for "identifying information relating to the
profile" substitute "the information".
(6) In section 464ZGJ(1) of the Principal Act the
definition of responsible person is repealed.
(7) In section 464ZGJ(2) of the Principal Act omit
20 "obtained from forensic material".
(8) In section 464ZGJ(3) of the Principal Act omit
"relating to a DNA profile".
(9) In section 464ZGJ(3) and (4) for "the system"
substitute "the database".
25 (10) In section 464ZGJ(3) of the Principal Act for
"the profile" substitute "the information".
(11) In section 464ZGJ(4) of the Principal Act omit
"a DNA profile of".
561037B.I-1/5/2007 7 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 10
10 Disclosure of information
(1) In the heading to section 464ZGK of the Principal
Act for "information" substitute "Victorian
information".
5 (2) For section 464ZGK(1)(a) of the Principal Act
substitute--
"(a) has access to Victorian information; and".
(3) In section 464ZGK(1)(b) of the Principal Act for
"disclosure of information" substitute "disclosure
10 of the Victorian information".
(4) In section 464ZGK(2) of the Principal Act, for
"information stored on the DNA database system"
substitute "Victorian information stored on a
DNA database".
15 (5) For sections 464ZGK(2)(c) and (d) of the
Principal Act substitute--
"(c) administering the DNA database;
(d) in accordance with an agreement entered into
under section 464ZGN;".
20 (6) For section 464ZGK(2)(g)(iii) of the Principal Act
substitute--
"(iii) the Ombudsman appointed under the
Ombudsman Act 1973; or
(iv) the Director, Police Integrity within the
25 meaning of the Police Regulation Act 1958;
or
(v) an authority of a participating jurisdiction,
but only if the authority would be entitled to
the information if it were held on the
30 participating jurisdiction's DNA database.".
(7) In section 464ZGK(3) of the Principal Act for
"disclose information" substitute "disclose
Victorian information".
561037B.I-1/5/2007 8 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 11
(8) In section 464ZGK(4) of the Principal Act for
"information" substitute "Victorian information".
(9) After section 464ZGK(4) of the Principal Act
insert--
5 "(5) In this section--
Victorian information means information
referred to in section 464ZFD(1),
whether or not kept on the Victorian
DNA database.".
10 11 Database information
For section 464ZGN of the Principal Act
substitute--
"464ZGN Arrangements for transmission of
information on DNA database
15 (1) The Minister may enter into an arrangement
with the responsible Minister for a
participating jurisdiction, under which--
(a) information from the Victorian DNA
database is to be transmitted to the
20 responsible person for the DNA
database of the participating
jurisdiction for the purposes of--
(i) the investigation of, or the conduct
of proceedings for, an offence
25 against the law of this State or the
law of the participating
jurisdiction; or
(ii) the identification of missing or
deceased persons; and
30 (b) information from the DNA database of
the participating jurisdiction is to be
transmitted to the Chief Commissioner
of Police for the purposes of--
561037B.I-1/5/2007 9 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 11
(i) the investigation of, or the conduct
of proceedings for, an offence
against the law of this State or the
law of the participating
5 jurisdiction; or
(ii) the identification of missing or
deceased persons.
(2) The Minister may enter into an arrangement
with CrimTrac, under which--
10 (a) information from the Victorian DNA
database is to be transmitted to
CrimTrac for the purposes of--
(i) the investigation of, or the conduct
of proceedings for, an offence
15 against the law of this State or the
law of a participating jurisdiction;
or
(ii) the identification of missing or
deceased persons; and
20 (b) information from CrimTrac is to be
transmitted to the Chief Commissioner
of Police for the purposes of--
(i) the investigation of, or the conduct
of proceedings for, an offence
25 against the law of this State or the
law of a participating jurisdiction;
or
(ii) the identification of missing or
deceased persons.
30 (3) Without limiting subsection (2), an
arrangement made under that subsection may
provide for CrimTrac--
(a) to compare information from the
Victorian DNA database with
35 information supplied to it from the
561037B.I-1/5/2007 10 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 12
DNA database of another participating
jurisdiction; and
(b) to identify to the Chief Commissioner
of Police and the responsible person for
5 the DNA database of the participating
jurisdiction any matches that are found
as a result of the comparison.
(4) An arrangement entered into under this
section may not authorise the comparison of
10 information so as to match DNA profiles in a
way that would contravene section 464ZGI
were the information contained wholly
within the Victorian DNA database.
Notes
15 1 Information that is transmitted under this section
must not be recorded or maintained in any
database of information that may be used to
discover the identity of a person or to obtain
information about an identifiable person at any
20 time after the time for destruction of the forensic
material that is required by this Subdivision or a
corresponding law of a participating jurisdiction.
See section 464ZGJ.
2 A person who has access to information from the
25 Victorian DNA database must not disclose the
information other than in limited, specified
circumstances. See section 464ZGK.".
12 Transitional provisions
After section 607 of the Principal Act insert--
30 "608 Transitional provisions--Crimes
Amendment (DNA Database) Act 2007
(1) An amendment made to this Act by the
Amendment Act applies only to offences
alleged to have been committed on or after
35 the commencement of that Act.
561037B.I-1/5/2007 11 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
s. 13
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
between 2 dates, one before and one after the
commencement of the Amendment Act, the
5 offence is alleged to have been committed
before the commencement of that Act.
(3) On the commencement of the Amendment
Act, a computerised database or DNA
database kept under section 464ZFD before
10 that commencement is taken to be the DNA
database system kept under section
464ZFD(1AA) by the Chief Commissioner
of Police.
(4) A matching of a DNA profile made in
15 accordance with the Table to section 464ZGI
before the commencement of the
Amendment Act continues on and after that
commencement as if the matching had
occurred in accordance with the Table as in
20 force after that commencement.
(5) An arrangement under section 464ZGN in
force immediately before the commencement
of the Amendment Act continues in force on
the same terms and conditions and for the
25 same period after that commencement as if it
had been entered into under section 464ZGN
as in force after that commencement.
(6) In this section--
Amendment Act means the Crimes
30 Amendment (DNA Database) Act
2007.".
13 Repeal of Act
This Act is repealed on the first anniversary of its
commencement.
561037B.I-1/5/2007 12 BILL LA INTRODUCTION 1/5/2007
Crimes Amendment (DNA Database) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561037B.I-1/5/2007 13 BILL LA INTRODUCTION 1/5/2007
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