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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Investigation (Identifying People)
Amendment Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Criminal Investigation
(Identifying People) Act 2002
amended
3. Act amended 3
4. Section 3 amended 3
5. Section 7A inserted 4
7A. Requesting or informing people under this
Act 4
6. Section 7 amended 4
7. Section 8 amended 4
8. Section 9 amended 5
9. Section 11 amended 6
10. Section 16 amended 6
11. Section 17 amended 7
12. Section 19 amended 7
13. Section 23 amended 8
14. Section 34 amended 8
15. Section 38 amended 8
16. Section 40 amended 8
17. Section 42 amended 9
18. Section 47 amended 9
19. Section 49 amended 10
20. Section 50 amended 11
21. Section 51 amended 11
17--2 page i
Criminal Investigation (Identifying People) Amendment Bill 2013
Contents
22. Part 8A inserted 12
Part 8A -- Identifying particulars of serious
offenders
52A. Terms used 12
52B. How identifying procedures are to be done 13
52C. Identifying particulars may be taken 13
52D. Request and giving of information to be
recorded 14
52E. When identifying procedure may be done 14
23. Section 56 amended 15
24. Section 59 amended 16
25. Section 63 amended 16
26. Section 67 amended 17
27. Section 68A inserted 17
68A. Identifying information of serious offenders 17
28. Section 76 amended 18
Part 3 -- Amendments to other Acts
29. Criminal Investigation Act 2006 amended 20
30. Criminal Organisations Control Act 2012
amended 20
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Criminal Investigation (Identifying People)
Amendment Bill 2013
A Bill for
An Act to amend the Criminal Investigation (Identifying People)
Act 2002 and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Criminal Investigation (Identifying People)
4 Amendment Act 2013.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) sections 1 and 2 -- on the day on which this Act
8 receives the Royal Assent (assent day);
9 (b) section 28 -- on a day fixed by proclamation;
10 (c) the rest of the Act -- on the day after assent day.
page 2
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 3
1 Part 2 -- Criminal Investigation (Identifying People)
2 Act 2002 amended
3 3. Act amended
4 This Part amends the Criminal Investigation (Identifying
5 People) Act 2002.
6 4. Section 3 amended
7 (1) In section 3(1) in the definition of identifying feature in the
8 example delete "the face" and insert:
9
10 the face, iris or retina
11
12 (2) In section 3(1) in the definition of identifying information
13 delete "has, except in Schedule 1," and insert:
14
15 has
16
17 (3) In section 3(1) in the definition of identifying particular delete
18 "61 or Schedule 1 clause 1," and insert:
19
20 52A or 61,
21
22 (4) In section 3(1) in the definition of intimate identifying
23 procedure:
24 (a) in paragraph (c) delete "blood;" and insert:
25
26 blood; or
27
page 3
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 2 Criminal Investigation (Identifying People) Act 2002 amended
s. 5
1 (b) after paragraph (c) insert:
2
3 (d) the taking of a sample of any bodily material of
4 the person, other than the person's blood, by
5 means of a procedure that is prescribed by the
6 regulations to be an intimate identifying
7 procedure;
8
9 5. Section 7A inserted
10 After section 6 insert:
11
12 7A. Requesting or informing people under this Act
13 Unless expressly provided otherwise, if this Act
14 permits a person to make a request to another person or
15 requires a person to inform another person, the request
16 or information may be given to the other person orally
17 or in writing.
18
19 6. Section 7 amended
20 In section 7 after paragraph (a) insert:
21
22 (ba) does not comply with any reasonable request
23 made to him or her in order to enable the
24 procedure to be done; or
25
26 7. Section 8 amended
27 (1) In section 8(2) after "body tissue" insert:
28
29 (including bone or teeth)
30
page 4
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 8
1 (2) After section 8(3) insert:
2
3 (4) The regulations, in relation to any specific identifying
4 particular of a person prescribed under section 17, 23,
5 34, 47 or 52A --
6 (a) may specify one or more identifying procedures
7 that may be done on the person to obtain bodily
8 material for the purpose of obtaining that
9 identifying particular of the person; and
10 (b) in relation to an identifying procedure so
11 specified, may provide that the procedure must
12 not be used to obtain bodily material from the
13 person unless it is impracticable to use another
14 specified procedure.
15
16 Note: The heading to amended section 8 is to read:
17 Procedures for obtaining material from which to obtain specific
18 identifying particulars
19 8. Section 9 amended
20 In section 9(1) delete the definition of sample and insert:
21
22 sample means a sample of bodily material taken from a
23 person under this Act for the purpose of obtaining --
24 (a) the DNA profile of the person; or
25 (b) any identifying particular prescribed for the
26 purposes of this definition.
27
page 5
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 2 Criminal Investigation (Identifying People) Act 2002 amended
s. 9
1 9. Section 11 amended
2 In section 11(1) in the definition of identifying particular after
3 paragraph (e) insert:
4
5 (f) an identifying particular of the person that is
6 prescribed under section 17, 23, 34, 47 or 52A;
7
8 10. Section 16 amended
9 (1) In section 16(1) insert in alphabetical order:
10
11 face covering means an item of clothing, hat, helmet,
12 mask or sunglasses, or any other thing worn by a
13 person, that totally or partially covers the person's face;
14
15 (2) After section 16(3) insert:
16
17 (4A) If --
18 (a) an officer makes a request to a person under
19 subsection (2); or
20 (b) a police officer requests or requires a person to
21 give the police officer, under another written
22 law and for a forensic purpose, any or all of the
23 person's personal details,
24 the officer may request the person --
25 (c) to remove or adjust any face covering worn by
26 the person; or
27 (d) to do any other thing reasonably necessary,
28 to enable the officer to see the person's face or verify
29 the correctness of any personal detail, or any evidence
30 of any personal detail, given by the person.
page 6
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 11
1 (4B) It is sufficient compliance with a request made under
2 subsection (4A)(c) if only so much of the person's face
3 covering that totally or partially covers the person's
4 face is removed or adjusted.
5 (4C) If an officer makes a request to a person under this
6 section, the officer may detain the person for a
7 reasonable period for the purpose of the person's
8 compliance with the request or to verify the correctness
9 of any personal detail, or any evidence of any personal
10 detail, given by the person.
11
12 (3) In section 16(4) delete "subsection (2) or (3)" and insert:
13
14 subsection (2), (3) or (4A)
15
16 (4) In section 16(6) delete "subsection (2) or (3)" and insert:
17
18 subsection (2), (3) or (4A)
19
20 11. Section 17 amended
21 In section 17 in the definition of identifying particular after
22 paragraph (e) insert:
23
24 (f) an identifying particular of the person that is
25 prescribed for the purposes of this definition;
26
27 12. Section 19 amended
28 Delete section 19(3).
page 7
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 2 Criminal Investigation (Identifying People) Act 2002 amended
s. 13
1 13. Section 23 amended
2 In section 23 in the definition of identifying particular after
3 paragraph (e) insert:
4
5 (f) an identifying particular of the person that is
6 prescribed for the purposes of this definition;
7
8 14. Section 34 amended
9 In section 34 in the definition of identifying particular:
10 (a) after paragraph (b) insert:
11
12 (ca) a measurement of any identifying feature of the
13 person;
14
15 (b) after paragraph (e) insert:
16
17 (f) an identifying particular of the person that is
18 prescribed for the purposes of this definition;
19
20 15. Section 38 amended
21 In section 38(2)(a) delete "an offence" and insert:
22
23 a serious offence
24
25 16. Section 40 amended
26 After section 40(3) insert:
27
28 (4) If a suspect is a protected person and, after making
29 reasonable enquiries to find a responsible person, an
30 officer reasonably suspects that --
31 (a) there is no responsible person; or
page 8
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 17
1 (b) a responsible person cannot be found within a
2 reasonable time; or
3 (c) it is impracticable to request the consent of a
4 responsible person,
5 an identifying procedure may only be done on the
6 suspect if a magistrate issues an IP warrant (suspect)
7 that authorises it.
8
9 17. Section 42 amended
10 In section 42(2)(b) delete "section 40(2) or (3)" and insert:
11
12 section 40(2), (3) or (4)
13
14 18. Section 47 amended
15 (1) In section 47 in the definition of identifying particular, in
16 relation to a charged suspect charged with a serious offence:
17 (a) after paragraph (c) insert:
18
19 (da) an impression of an identifying feature of the
20 suspect (including a dental impression);
21 (db) a sample of the suspect's hair taken for
22 purposes other than obtaining the suspect's
23 DNA profile;
24
25 (b) after paragraph (d) insert:
26
27 (e) an identifying particular of the suspect that is
28 prescribed for the purposes of this definition;
29
page 9
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 2 Criminal Investigation (Identifying People) Act 2002 amended
s. 19
1 (2) In section 47 in the definition of identifying particular, in
2 relation to a charged suspect charged with an offence other than
3 a serious offence:
4 (a) in paragraph (c) delete "suspect." and insert:
5
6 suspect;
7
8 (b) after paragraph (c) insert:
9
10 (d) an identifying particular of the suspect that is
11 prescribed for the purposes of this definition,
12 which cannot include an identifying particular
13 listed in paragraph (da), (db) or (d) of the
14 definition of identifying particular, in relation
15 to a charged suspect charged with a serious
16 offence.
17
18 19. Section 49 amended
19 (1) Delete section 49(1) and insert:
20
21 (1) If it is practicable to do so, an officer may request a
22 charged suspect to consent to an identifying procedure
23 being done on the suspect for the purpose of obtaining
24 one or more of a charged suspect's identifying
25 particulars.
26
27 (2) Delete section 49(2)(f)(i) and (ii) and insert:
28
29 (i) the suspect may be arrested; and
30 (ii) the procedure may be done on the
31 suspect against the suspect's will.
32
page 10
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 20
1 20. Section 50 amended
2 (1) In section 50(1):
3 (a) delete "A police officer" and insert:
4
5 An officer
6
7 (b) delete "the section and the charged suspect's responses
8 (if any)." and insert:
9
10 that section and whether the charged suspect
11 consented to the request or not.
12
13 (2) After section 50(1) insert:
14
15 (2A) If an officer does not make a request to a charged
16 suspect under section 49 because it is not practicable to
17 do so, the officer must ensure that a record is made of
18 the reasons why it was not practicable to make the
19 request.
20
21 (3) In section 50(2) delete "The record" and insert:
22
23 A record under this section
24
25 21. Section 51 amended
26 (1) In section 51(1)(b) delete "in accordance with" and insert:
27
28 under
29
page 11
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 2 Criminal Investigation (Identifying People) Act 2002 amended
s. 22
1 (2) Delete section 51(2) and (3) and insert:
2
3 (2) If --
4 (a) subsection (1)(a) and (b) apply but the charged
5 suspect does not consent or withdraws consent
6 to the identifying procedure; or
7 (b) it is not practicable to make a request to a
8 charged suspect under section 49,
9 an officer may --
10 (c) if the charged suspect is not in custody --
11 without a warrant arrest the suspect and detain
12 him or her for a reasonable period in order to
13 do the identifying procedure; and
14 (d) do the identifying procedure on the charged
15 suspect against the suspect's will.
16
17 22. Part 8A inserted
18 After section 51 insert:
19
20 Part 8A -- Identifying particulars of serious
21 offenders
22 52A. Terms used
23 In this Part --
24 identifying particular, in relation to a serious offender,
25 means --
26 (a) a print of the offender's hands (including
27 fingers), feet (including toes) or ears;
28 (b) a photograph of the offender (including of an
29 identifying feature of the offender);
30 (c) the offender's DNA profile;
page 12
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 22
1 (d) an identifying particular of the offender that is
2 prescribed for the purposes of this definition;
3 serious offender means a person who is --
4 (a) found guilty of a serious offence (whether or
5 not a spent conviction order is made in respect
6 of the finding of guilt or a conviction is
7 recorded); or
8 (b) found not guilty of a serious offence on account
9 of unsoundness of mind.
10 52B. How identifying procedures are to be done
11 An identifying procedure that under this Part may be
12 done on a person must be done in accordance with
13 Part 8.
14 52C. Identifying particulars may be taken
15 (1) If a police officer reasonably suspects a person is a
16 serious offender and his or her identifying
17 particulars --
18 (a) are not held or may not be held by the WA
19 Police; or
20 (b) are or may be needed to verify the person's
21 identity by comparison with identifying
22 particulars already held by the WA Police,
23 the police officer may, within 6 months after the date
24 on which the person became a serious offender, request
25 the offender, if it is practicable to do so, to consent to a
26 non-intimate identifying procedure being done on the
27 offender for the purpose of obtaining one or more of
28 the offender's identifying particulars.
29 (2) A police officer who requests a serious offender to
30 consent to a non-intimate identifying procedure being
31 done on the offender must at the time inform the
32 offender of these matters --
33 (a) the purpose of the procedure;
page 13
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 2 Criminal Investigation (Identifying People) Act 2002 amended
s. 22
1 (b) how the procedure will be done;
2 (c) that information derived from the procedure
3 may be compared with or put in a forensic
4 database;
5 (d) the circumstances in which destruction may be
6 requested under section 69;
7 (e) that the procedure may provide evidence that
8 could be used in a court against the offender;
9 (f) that if the offender does not consent or
10 withdraws consent to the procedure --
11 (i) the offender may be arrested; and
12 (ii) the procedure may be done on the
13 offender against the offender's will.
14 52D. Request and giving of information to be recorded
15 (1) A police officer who makes a request under
16 section 52C must ensure that a record is made of the
17 request, of the information given under that section and
18 whether the serious offender consented to the request
19 or not.
20 (2) If a police officer does not make a request to a serious
21 offender under section 52C because it is not practicable
22 to do so, the police officer must ensure that a record is
23 made of the reasons why it was not practicable to make
24 the request.
25 (3) A record under this section must be an audiovisual
26 record or in writing.
27 52E. When identifying procedure may be done
28 (1) If --
29 (a) under section 52C a request is made to a serious
30 offender; and
31 (b) the offender is informed under that section; and
page 14
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 23
1 (c) the offender consents to the identifying
2 procedure being done,
3 then the non-intimate identifying procedure may be
4 done on the offender.
5 (2) If --
6 (a) subsection (1)(a) and (b) apply but the serious
7 offender does not consent or withdraws consent
8 to the identifying procedure; or
9 (b) it is not practicable to make a request to a
10 serious offender under section 52C,
11 an officer may --
12 (c) if the offender is not in custody -- without a
13 warrant arrest the offender and detain him or
14 her for a reasonable period in order to do the
15 non-intimate identifying procedure; and
16 (d) do the non-intimate identifying procedure on
17 the offender against the offender's will.
18
19 23. Section 56 amended
20 (1) In section 56 delete "When" and insert:
21
22 (1) When
23
24 (2) At the end of section 56 insert:
25
26 (2) If the regulations, for the purpose of the definition of
27 identifying particular in section 17, 23, 34, 47 or 52A,
28 prescribe an identifying particular, the regulations
29 may --
30 (a) for each identifying procedure needed to obtain
31 the identifying particular, prescribe powers that
32 may be exercised to do the procedure; and
page 15
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 2 Criminal Investigation (Identifying People) Act 2002 amended
s. 24
1 (b) for each power, prescribe the person, or class of
2 persons, who may exercise it.
3
4 24. Section 59 amended
5 (1) Before section 59(1) insert:
6
7 (1A) This section applies if, under other provisions of this
8 Act, a person may be requested or required to undergo
9 an identifying procedure.
10
11 (2) In section 59(1) delete "requested --" and insert:
12
13 requested or required --
14
15 (3) In section 59(2) after "requested" insert:
16
17 or required
18
19 (4) In section 59(3) after "request" insert:
20
21 or requirement
22
23 25. Section 63 amended
24 After section 63(1)(b) insert:
25
26 (ca) may be used to obtain any identifying particular
27 of the deceased person in accordance with the
28 direction of a coroner; and
29
page 16
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 26
1 26. Section 67 amended
2 (1) After section 67(1)(b) insert:
3
4 (ca) may be used to obtain any identifying particular
5 of the suspect; and
6
7 (2) In section 67(2) delete "Part 7." and insert:
8
9 Part 7 as if the references in subsection (1)(a) and (b) to
10 "as soon as it is obtained" were deleted.
11
12 27. Section 68A inserted
13 After section 67 insert:
14
15 68A. Identifying information of serious offenders
16 (1) In this section --
17 former Schedule 1 clause 6 means Schedule 1 clause 6
18 as in effect under the former section 95;
19 former section 95 means section 95 as in effect before
20 it was repealed by the Criminal Investigation
21 (Consequential Provisions) Act 2006 section 40.
22 (2) Identifying information of a serious offender obtained
23 under Part 8A --
24 (a) may be compared with other information,
25 whether or not in a forensic database, as soon
26 as it is obtained; and
27 (b) may be put in a forensic database as soon as it
28 is obtained; and
29 (c) may be used to obtain any identifying particular
30 of the offender; and
page 17
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 2 Criminal Investigation (Identifying People) Act 2002 amended
s. 28
1 (d) must be destroyed if the serious offender ceases
2 to be a serious offender and destruction is
3 requested under section 69 by or on behalf of
4 the offender.
5 (3) Subsection (2) applies in relation to identifying
6 information of a serious offender obtained under the
7 former Schedule 1 clause 6 as if the references in
8 subsection (2)(a) and (b) to "as soon as it is obtained"
9 were deleted.
10
11 28. Section 76 amended
12 (1) In section 76 delete the definitions of:
13 crime scene index
14 DNA database index
15 missing persons index
16 offenders index
17 suspects index
18 unknown deceased persons index
19 volunteers (limited purposes) index
20 volunteers (unlimited purposes) index
21 (2) In section 76 in the definition of DNA database:
22 (a) delete paragraph (a);
23 (b) delete paragraph (c) and insert:
24
25 (c) any index prescribed by the regulations for the
26 purposes of this definition;
27
page 18
Criminal Investigation (Identifying People) Amendment Bill 2013
Criminal Investigation (Identifying People) Act 2002 amended Part 2
s. 28
1 (3) In section 76 in the definition of statistical index delete "Part;"
2 and insert:
3
4 Part.
5
page 19
Criminal Investigation (Identifying People) Amendment Bill 2013
Part 3 Amendments to other Acts
s. 29
1 Part 3 -- Amendments to other Acts
2 29. Criminal Investigation Act 2006 amended
3 (1) This section amends the Criminal Investigation Act 2006.
4 (2) In section 102(4) delete "identifying" and insert:
5
6 forensic
7
8 (3) In section 132(1)(f) delete "under a warrant issued".
9 30. Criminal Organisations Control Act 2012 amended
10 (1) This section amends the Criminal Organisations Control
11 Act 2012.
12 (2) In section 88(1)(a) delete "section 67(1)(a) and (b)," and insert:
13
14 section 67(1)(a), (b) and (ca),
15
16
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