Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Taking offenders' fingerprints and photographs
1 Subsection 3ZL(1)
Omit "fingerprints or", substitute "fingerprints and/or".
2 After subsection 3ZL(3)
Insert:
(3A) The judge or magistrate may also make any other orders that are reasonably necessary for ensuring that the impressions of the person's fingerprints and/or a photograph of the person are taken in accordance with the order under subsection (1). For example, the judge or magistrate may order the person to attend a specified police station at a specified time.
(3B) A person commits an offence if:
(a) the person is subject to an order under subsection (3A); and
(b) the person engages in conduct; and
(c) the person's conduct contravenes the order.
Penalty: Imprisonment for 12 months.
(3C) In this section:
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.
Part 2 -- Identification parades
3 Paragraph 3ZM(3)(b)
Repeal the paragraph, substitute:
(b) if he or she refuses to take part in the parade:
(i) evidence of the refusal may be given in later proceedings relating to an offence, for the purpose of explaining why an identification parade was not held; and
(ii) evidence may be given in such proceedings of any identification of the suspect by a witness as a result of having seen a photograph or having seen the suspect otherwise than during an identification parade; and
Part 3 -- Dealing summarily with some indictable offences
4 Subsection 4J(4)
Omit "$500", substitute "$5,000".
5 Application
The amendment of subsection 4J(4) of the Crimes Act 1914 by this Schedule applies in relation to indictable offences committed after the start of the day on which this Act receives the Royal Assent.
6 After section 4J
Insert:
4JA Some indictable offences punishable by fine only may be dealt with summarily
(1) A court of summary jurisdiction may hear and determine an indictable offence if:
(a) the offence is not punishable by imprisonment; and
(b) the pecuniary penalty for the offence is not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate; and
(c) the defendant and prosecution consent.
(2) If the defendant is convicted, the court may impose a pecuniary penalty of:
(a) not more than 60 penalty units for an individual or 300 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 300 penalty units for an individual or 1,500 penalty units for a body corporate; or
(b) not more than 120 penalty units for an individual or 600 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate.
However, the court may not impose a pecuniary penalty greater than the penalty that could have been imposed if the offence had been prosecuted on indictment.
(3) This section has effect subject to any contrary intention indicated by the law creating the offence.
(4) Without limiting subsection (3), this section does not apply to an indictable offence:
(a) created by a law that provides that the offence may be heard and determined by a court of summary jurisdiction; or
(b) described in subsection 4J(4) (about offences relating to property valued at $5,000 or less).
7 Application
Section 4JA of the Crimes Act 1914 applies to proceedings for an offence that were instituted after this Act received the Royal Assent (whether the offence was committed before or after this Act received the Royal Assent).
Part 3A -- Forensic procedures
7A Section 23YDAF (table item 7, column 8)
Omit "no", substitute "yes".
7B Section 23YUA (definition of corresponding law )
Repeal the definition, substitute:
"corresponding law" means a law that:
(a) relates to the carrying out of forensic procedures and DNA databases; and
(b) either:
(i) substantially corresponds to this Part; or
(ii) is prescribed by the regulations for the purposes of this definition.
7C Section 23YUA (definition of DNA database)
Repeal the definition.
7D Subsection 23YUD(1)
Repeal the subsection, substitute:
(1) The Minister may, on behalf of the Commonwealth, enter into arrangements with a responsible Minister of a participating jurisdiction under which:
(a) information from the DNA database system of the Commonwealth that may be relevant to the investigation of a matter relating to the participating jurisdiction is to be transmitted to the appropriate authority in that jurisdiction for the purpose of the investigation of, or proceedings in respect of, that matter; and
(b) information from a DNA database system of the participating jurisdiction that may be relevant to the investigation of a matter relating to the Commonwealth is to be transmitted to the Commissioner for the purposes of the investigation of, or proceedings in respect of, that matter.
These arrangements may deal with keeping, and otherwise managing, such information.
(1A) For the avoidance of doubt, this section does not preclude CrimTrac from entering into a memorandum of understanding or other arrangement, on behalf of the Commonwealth, with a participating jurisdiction in relation to:
(a) transmission of information to or from the DNA database system of the Commonwealth, or a DNA database system of any participating jurisdiction; or
(b) keeping, and otherwise managing, such information.
7E At the end of section 23YUD
Add:
(3) In this section:
"CrimTrac" means the CrimTrac Agency, established as an Executive Agency by the Governor - General by order under section 65 of the Public Service Act 1999 .
"investigation of a matter" means:
(a) in relation to a participating jurisdiction:
(i) an investigation of an offence against the law of that jurisdiction; or
(ii) an investigation of a missing person; or
(iii) an investigation for the purpose of identifying a deceased person; or
(b) in relation to the Commonwealth:
(i) an investigation of an offence against the law of the Commonwealth; or
(ii) an investigation of a missing person; or
(iii) an investigation for the purpose of identifying a deceased person.
7F Transitional provision for existing arrangements under subsection 23YUD(1)
An arrangement that:
(a) was entered into under subsection 23YUD(1) of the Crimes Act 1914 before the commencement of this item; and
(b) was in force immediately before this commencement;
continues in force after that commencement as if it had been entered into under that subsection as amended by this Schedule.
Part 4 -- Technical corrections of sentencing and parole provisions
8 Paragraph 16A(2)(f)
Omit "for the offence;", substitute "for the offence:".
9 Paragraph 19AS(1)(b)
Omit "federal", substitute "federal,".