Commonwealth Numbered Regulations - Explanatory Statements

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CRIMES AMENDMENT REGULATIONS 2006 (NO. 2) (SLI NO 288 OF 2006)

EXPLANATORY STATEMENT

 Select Legislative Instrument 2006 No. 288

 Issued by the authority of the Minister for Justice and Customs

 Subject -          Crimes Act 1914

                         Crimes Amendment Regulations 2006 (No. 2)

 Section 91 of the Crimes Act 1914 (‘the Act’) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act. 

Part 1D of the Act provides for prescribed persons to carry out forensic procedures on those suspected of committing indictable offences, those that have committed prescribed and serious offences, and volunteers.  Part 1D also refers to a DNA database system and regulates the use of information stored on that database system.

The Australian Government has created the national DNA database system (‘the DNA database’) in cooperation with State and Territory governments to assist with the investigation of crimes by facilitating the sharing of DNA information. 

Section 23YUA of the Act defines ‘corresponding law’ as a law relating to the carrying out of forensic procedures and DNA databases that substantially corresponds to Part 1D of the Act or is prescribed in regulations.

The Crimes Regulations 1990 (‘the Principal Regulations’) set out various matters necessary to give effect to the Act.

The purpose of the proposed Regulations is to prescribe Northern Territory forensic procedure law as a ‘corresponding law’ for the purposes of section 23YUA of the Act. 

The Regulations prescribe Division 7 of Part VII of the Police Administration Act 1978 (NT) as corresponding law under section 23YUA of the Act.

These amendments enable Northern Territory to participate in the sharing of information stored in the DNA database. 

Details of the Regulations are set out in the Attachment.

The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.

Consultation is not necessary for this legislative instrument as this instrument is of a minor or machinery nature and does not substantially alter existing arrangements. It has no direct or substantial indirect effect on business.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 Authority: Section 91 of the Crimes Act 1914


ATTACHMENT

 

Crimes Amendment Regulations 2006 (No. 2)

Regulation 1 – Name of Regulations

This regulation provides that the title of the Regulations is the Crimes Amendment Regulations 2006 (No. 2)

Regulation 2 – Commencement

This regulation provides for the Regulations to commence on the day after they are registered. 

Regulation 3 – Amendment of Crimes Regulations 1990

This regulation provides that the Crimes Regulations 1990 (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1 – Amendments

 

Item [1] – subregulation 6E(1)(f)

 

This item amends subregulation 6E(1)(f) of the Principal Regulations and makes a minor drafting change. This drafting change facilitates the insertion of subregulation 6E(1)(g) that prescribes Division 7 of Part VII of the Police Administration Act 1978 (NT) as corresponding law for the purposes of section 23YUA of the Act.

 

Item [2] – subregulation 6E(1)(f)

 

This item amends subregulation 6E(1)(f) of the Principal Regulations by inserting subregulation 6E(1)(g) prescribing Division 7 of Part VII of the Police Administration Act 1978 (NT) as corresponding law for the purposes of section 23YUA of the Act.

 


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