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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The Crimes (Forensic Procedures) Act 2000 is amended as set out in 7 Schedule 1. 8 4 Repeal of Act 9 (1) This Act is repealed on the day following the day on which this Act 10 commences. 11 (2) The repeal of this Act does not, because of the operation of section 30 12 of the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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