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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Investigation (Identifying People)
Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Meaning of "reasonably suspects" 7
5. Public officers may be authorised to exercise powers 7
6. Officer's duty to identify himself or herself 8
7. Non-consent to be assumed in some cases 8
8. Procedures for obtaining material from which to
obtain DNA profile 8
9. Samples of material to be provided on request 9
10. When a charge is finalised without a finding of guilt 10
Part 2 -- General
11. Application of this Act 11
12. Information and forensic material from another State,
a Territory or the Commonwealth 11
13. Assistance when exercising powers 12
14. Use of force when exercising powers 12
15. Applying for warrants 13
Part 3 -- Personal details of people
16. Officer may ask for name, address, etc. 16
page i
64--3B
Criminal Investigation (Identifying People) Bill 2001
Contents
Part 4 -- Identifying particulars of
volunteers and others
Division 1 -- Preliminary
17. Definitions 18
18. How identifying procedures are to be done 18
Division 2 -- Volunteers
19. Volunteer for an identifying procedure to be informed 19
20. Volunteer may consent 20
Division 3 -- Deceased people
21. Identifying particulars of deceased people 22
Division 4 -- Police officers
22. Identifying particulars of police officers 23
Part 5 -- Identifying particulars of
victims and witnesses
23. Definitions 24
24. How identifying procedures are to be done 24
25. Request to adult to undergo identifying procedure 24
26. Request for protected person to undergo identifying
procedure 26
27. Request and giving of information to be recorded 27
28. When identifying procedure may be done 28
29. Consent may be withdrawn 29
30. Decision may be changed 29
31. Officer may apply for IP warrant (involved protected
person) 30
32. Application for IP warrant (involved protected person) 30
33. Issue and effect of IP warrant (involved protected
person) 32
Part 6 -- Identifying particulars of
uncharged suspects
34. Definitions 35
35. Purpose of identifying procedure 35
36. How identifying procedures are to be done 35
37. Request to adult to undergo identifying procedure 36
page ii
Criminal Investigation (Identifying People) Bill 2001
Contents
38. Request for protected person to undergo identifying
procedure 37
39. Request and giving of information to be recorded 38
40. When identifying procedure may be done 38
41. Consent may be withdrawn 39
42. Officer may apply for approval of IP warrant (suspect) 40
43. Application for approval to do non-intimate
identifying procedure on adult 40
44. Senior officer may approve non-intimate identifying
procedure to be done on adult 41
45. Application for IP warrant (suspect) 42
46. Issue and effect of IP warrant (suspect) 43
Part 7 -- Identifying particulars of
charged suspects
47. Definitions 45
48. How identifying procedures are to be done 45
49. Identifying particulars may be taken 45
50. Request and giving of information to be recorded 46
51. When identifying procedure may be done 46
Part 8 -- How identifying procedures
are to be done
52. Definitions 48
53. Application of this Part 48
54. General requirements 48
55. Sex of people doing procedures 49
56. Who may do an identifying procedure 50
57. Personal details may be obtained as well 51
58. How samples and impressions are to be taken 51
59. Procedures may be repeated 52
60. People not obliged to do procedures 52
Part 9 -- Use and destruction of
identifying information
61. Definitions 53
62. Identifying information of volunteers 54
63. Identifying information of deceased people 54
64. Identifying information of police officers 55
page iii
Criminal Investigation (Identifying People) Bill 2001
Contents
65. Identifying information of involved people 56
66. Identifying information of uncharged suspects 57
67. Identifying information of charged suspects 58
68. Results of matched information to be made available
to suspects 59
69. Request for destruction of identifying information 60
70. Destroying identifying information 60
71. Responsibility for destroying identifying information 61
72. Supreme Court may order information not to be
destroyed 61
73. Disclosure of identifying information 61
74. Use of illegal identifying information 63
75. Improper use of information obtained in accordance
with Act 64
Part 10 -- DNA databases
76. Definitions 65
77. DNA profiles lawfully obtained before
commencement of Part 68
78. Permitted comparisons with DNA database indexes 69
79. Duties of database managers 70
80. Operators of DNA databases to be authorised 70
Part 11 -- Admissibility of evidence
81. Evidence of refusal of consent etc. 72
82. Evidence of conduct of procedure 72
83. Evidence obtained illegally 73
84. Evidence kept illegally 73
85. Evidence from illegal use of information 74
86. Court may admit inadmissible evidence 74
Part 12 -- Enforcement elsewhere in
Australia
87. Definitions 76
88. Prescribing corresponding laws etc. 76
89. Registration of forensic orders 77
90. Forensic orders registered in WA may be executed in
WA 77
91. Arrangements for sharing information 78
page iv
Criminal Investigation (Identifying People) Bill 2001
Contents
Part 13 -- Miscellaneous
92. Legal protection for people acting under this Act 79
93. Regulations 79
94. Review of Act 79
Part 14 -- Temporary provisions
95. Identifying particulars may be taken from people in
custody and others (Schedule 1) 81
96. Consequential amendments (Schedule 2) 81
Schedule 1 -- Obtaining and using
identifying particulars of people in
custody and others
1. Definitions 82
2. How identifying procedures are to be done 82
3. Request for prisoner on remand to undergo identifying
procedure 82
4. Request for serious offender to undergo identifying
procedure 83
5. Request and giving of information to be recorded 85
6. When identifying procedure may be done 85
7. Department of Justice CEO to assist WA Police 86
8. Destroying identifying information 87
Schedule 2 -- Consequential
amendments
1. Bail Act 1982 88
2. Conservation and Land Management Act 1984 88
3. The Criminal Code 88
4. Parks and Reserves Act 1895 89
5. Police Act 1892 89
6. Waterways Conservation Act 1976 90
7. Wildlife Conservation Act 1950 90
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Criminal Investigation (Identifying People)
Bill 2001
A Bill for
An Act to enable personal details and identifying particulars of
people to be obtained by police and other officers for forensic
purposes, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Investigation (Identifying People) Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Investigation (Identifying
People) Act 2001.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Interpretation
10 (1) In this Act, unless the contrary intention appears --
"adult" means a person who has reached 18 years of age and in
respect of whom there are no reasonable grounds to suspect
that he or she is an incapable person;
"child" means a person who is under 18 years of age and in
15 respect of whom there are no reasonable grounds to suspect
that he or she is an incapable person;
"corresponding law" has the meaning given by section 87;
"DNA database" has the meaning given by section 76;
"forensic database" has the meaning given by section 61;
20 "forensic purpose" means --
(a) investigating an offence or a suspected offence or
offences generally;
(b) investigating the death of a person or identifying a
deceased person; or
25 (c) investigating the whereabouts of or identifying a
missing person;
page 2
Criminal Investigation (Identifying People) Bill 2001
Preliminary Part 1
s. 3
"identifying feature", in relation to a person, means a
permanent or semi-permanent physical feature of the
person that helps to identify the person;
For example: the face of a person or a birthmark, scar or tattoo on a
5 person.
"identifying information" has, except in Schedule 1, the
meaning given by section 61;
"identifying particular" has the meaning given by
section 11(1), 17, 23, 34, 47, 61 or Schedule 1 clause 1, as
10 the case requires;
"identifying procedure" means a procedure in the course of
which --
(a) one or more identifying particulars of a person are
obtained from the person; and
15 (b) if practicable, the person's personal details are
obtained;
"impression" includes a cast;
"incapable person" means a person of any age --
(a) who is unable by reason of a mental disability (which
20 term includes intellectual disability, a psychiatric
condition, an acquired brain injury and dementia) to
understand the general nature and effect of, and the
reason for and the consequences of undergoing, an
identifying procedure; or
25 (b) who is unconscious or otherwise unable to
understand a request made or information given
under this Act or to communicate whether or not he
or she consents to an identifying procedure being
done on him or her;
page 3
Criminal Investigation (Identifying People) Bill 2001
Part 1 Preliminary
s. 3
"intimate identifying procedure", in relation to a person,
means --
(a) an identifying procedure that is done on the person's
private parts;
5 (b) the taking of a dental impression of the person; or
(c) the taking of a sample of the person's blood;
"IP warrant (involved protected person)" means a warrant
issued under section 33;
"IP warrant (suspect)" means a warrant issued under
10 section 46;
"JP" means Justice of the Peace;
"non-intimate identifying procedure", in relation to a person,
means an identifying procedure that is done on the person
that is not an intimate identifying procedure, and includes
15 the taking of a buccal swab from the person;
"offence" means an offence under a written law but does not
include a contempt of court;
"officer" means a police officer or a public officer or both, as
the case requires;
20 "official details" means --
(a) in respect of a police officer -- the officer's surname
and rank and includes, in relation to an application by
the officer under this Act for a warrant, the officer's
registered number;
25 (b) in respect of a public officer -- the officer's full
name and official title;
"participating jurisdiction" has the meaning given by
section 87;
"personal details", in relation to a person, has the meaning
30 given by section 16(1);
"photograph" includes a video recording and a digital image;
page 4
Criminal Investigation (Identifying People) Bill 2001
Preliminary Part 1
s. 3
"police officer" means a person appointed under Part I of the
Police Act 1892 to be a member of the Police Force of
Western Australia;
"private parts", in relation to a person, means the person's
5 genital area, anal area and buttocks and, in the case of --
(a) a female; or
(b) a male undergoing a reassignment procedure within
the meaning of the Gender Reassignment Act 2000,
includes the person's breasts;
10 "protected person" means a person who is a child or an
incapable person;
"Public Advocate" has the meaning given by the Guardianship
and Administration Act 1990;
"public officer" means a person, other than a police officer,
15 appointed under a written law to an office that is prescribed
under section 5(1);
"reasonably suspects" has the meaning given by section 4;
"remote communication" means any way of communicating at
a distance including by telephone, fax, email and radio;
20 "responsible person", in relation to a child, means --
(a) a parent of the child;
(b) a guardian of the child;
(c) another person who has responsibility for the
day-to-day care of the child; or
25 (d) if no person mentioned in another paragraph of this
definition is available -- a person, or a person in a
class of persons, prescribed by the regulations;
"responsible person", in relation to an incapable person,
means --
30 (a) the spouse of the incapable person;
(b) a parent of the incapable person;
page 5
Criminal Investigation (Identifying People) Bill 2001
Part 1 Preliminary
s. 3
(c) if the incapable person is under 18 years of age -- a
guardian of the incapable person;
(d) if the incapable person has reached 18 years of age --
the Public Advocate or a guardian of the incapable
5 person appointed under the Guardianship and
Administration Act 1990;
(e) another person who has responsibility for the
day-to-day care of the incapable person; or
(f) if no person mentioned in another paragraph of this
10 definition is available -- a person, or a person in a
class of persons, prescribed by the regulations;
"senior officer" means --
(a) a police officer who is, or is acting as, a sergeant or
an officer of a rank more senior than a sergeant;
15 (b) a public officer who is prescribed by the regulations
to be a senior officer for the purpose of this Act;
"serious offence" means an offence the statutory penalty for
which is strict security life imprisonment, life
imprisonment or imprisonment for 12 months or more;
20 "statutory penalty", in relation to an offence, means the
penalty specified by a written law for the offence;
"volunteer" has the meaning given by section 17;
"WA Police" means the Police Force of Western Australia
provided for by the Police Act 1892.
25 (2) For the purposes of this Act a person is charged with an offence
when the officer investigating the offence --
(a) informs the person that he or she will be charged with
the offence, whether or not at that time the officer has
made or sworn a complaint in respect of the offence; or
30 (b) makes or swears a complaint in respect of the offence,
whichever happens first.
page 6
Criminal Investigation (Identifying People) Bill 2001
Preliminary Part 1
s. 4
(3) Examples prefaced by "For example:" in this Act do not form
part of it and are provided to assist understanding.
4. Meaning of "reasonably suspects"
For the purposes of this Act, a person reasonably suspects
5 something at a relevant time if he or she, acting in good faith,
personally has grounds at the time for suspecting the thing and
those grounds (even if they are subsequently found to be false or
non-existent), when judged objectively, are reasonable.
5. Public officers may be authorised to exercise powers
10 (1) For the purposes of this Act and in particular the definition of
"public officer" in section 3, another Act or the regulations
made under this Act may --
(a) prescribe an office to which people are appointed under
a written law for a public purpose and a function of
15 which is the investigation of offences; and
(b) in respect of that office, specify those of the powers in
this Act that a holder of that office may exercise, being
powers that this Act provides may be exercised by a
public officer.
20 (2) A public officer may only exercise a power under this Act in
relation to an offence if --
(a) the office held by the public officer has been prescribed
under subsection (1)(a);
(b) the power is one that has been specified under
25 subsection (1)(b) as one that the officer may exercise;
and
(c) the offence is one that the officer, by virtue of being
such an officer, is authorised to investigate or prosecute.
page 7
Criminal Investigation (Identifying People) Bill 2001
Part 1 Preliminary
s. 6
6. Officer's duty to identify himself or herself
(1) If under this Act an officer is required to identify himself or
herself to a person the officer must --
(a) if the officer is a police officer --
5 (i) give the person the officer's official details; and
(ii) if the officer is not in uniform, show the person
evidence that the officer is a police officer;
(b) if the officer is a public officer --
(i) give the person the officer's official details; and
10 (ii) show the person evidence that the officer is a
public officer.
(2) If an officer cannot comply with subsection (1)(a)(ii) or
(1)(b)(ii) immediately, the officer must comply with it as soon
as practicable.
15 7. Non-consent to be assumed in some cases
A person who, having been requested under this Act to undergo
an identifying procedure --
(a) does not reply; or
(b) having consented to it resists the carrying out of it,
20 is taken not to have consented to undergoing it.
8. Procedures for obtaining material from which to obtain
DNA profile
(1) Material from which to obtain the DNA profile of a person may
be obtained by doing one or, subject to section 59, more than
25 one of the following procedures in the following order --
(a) by doing one or both of these non-intimate identifying
procedures --
(i) taking a buccal swab from the person;
page 8
Criminal Investigation (Identifying People) Bill 2001
Preliminary Part 1
s. 9
(ii) taking a sample of the person's hair (including
the roots), other than pubic hair;
(b) by doing one or both of these intimate identifying
procedures --
5 (i) taking a sample of the person's blood;
(ii) taking a sample of the person's pubic hair
(including the roots).
(2) Without limiting subsection (1) material from which to obtain
the DNA profile of a deceased person may be obtained by
10 taking any body tissue from the person.
(3) A person must not use a procedure in subsection (1) to obtain
material from a person unless it is impracticable to use a
procedure listed before that procedure.
9. Samples of material to be provided on request
15 (1) In this section --
"sample" means a sample of material from which to obtain the
DNA profile of a person that is taken from the person under
this Act.
(2) This section applies to a sample if --
20 (a) there is enough of the sample to be analysed for the
purposes of this Act and also by or on behalf of the
person from whom the sample was taken; and
(b) the person requests a part of the sample.
(3) The officer responsible for a sample being taken must ensure
25 that --
(a) a part of the sample that is enough for analysis is made
available, without charge, to the person from whom it
was taken;
page 9
Criminal Investigation (Identifying People) Bill 2001
Part 1 Preliminary
s. 10
(b) reasonable care is taken to ensure that the person's part
of the sample is protected and preserved until the person
is given it; and
(c) reasonable assistance is given to the person to ensure
5 that the sample is protected and preserved until it is
analysed.
(4) A person from whom a sample is taken must be informed that,
subject to the matter referred to in subsection (2)(a), a part of
the sample will be made available to him or her if requested.
10 10. When a charge is finalised without a finding of guilt
For the purposes of this Act, a charge is finalised without a
finding of guilt if --
(a) the charge is withdrawn;
(b) the charge is dismissed without a finding as to whether
15 the person charged is guilty or not guilty; or
(c) the person charged is found not guilty of the charge and
is not found guilty of any other offence of which the
person could have been found guilty as a result of the
charge and --
20 (i) no appeal is commenced against the finding; or
(ii) an appeal is commenced against the finding and
the appeal is withdrawn or the finding is
confirmed.
page 10
Criminal Investigation (Identifying People) Bill 2001
General Part 2
s. 11
Part 2 -- General
11. Application of this Act
(1) In this section --
"identifying particular", in relation to a person, means --
5 (a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
(c) an impression of an identifying feature of the person
10 (including a dental impression);
(d) a sample of the person's hair taken for purposes other
than obtaining the person's DNA profile;
(e) the person's DNA profile;
"law enforcement officer" means a police officer or a person
15 appointed under a written law for a public purpose.
(2) This Act does not apply --
(a) to a person who, not being a law enforcement officer
acting in the course of duty, obtains an identifying
particular from, or a personal detail of, another person;
20 or
(b) to an identifying particular, or a personal detail, obtained
by such a person.
(3) This Act does not apply to or in respect of an identifying
particular, or a personal detail, obtained in accordance with
25 another written law.
12. Information and forensic material from another State,
a Territory or the Commonwealth
Subject to section 91(2), forensic material, or information
obtained from it, that is taken in accordance with the law of
page 11
Criminal Investigation (Identifying People) Bill 2001
Part 2 General
s. 13
another State, a Territory or the Commonwealth may be
retained or used in this State for investigative, statistical or
evidentiary purposes even if its retention or use would, but for
this section, constitute a breach of, or failure to comply with,
5 any provision of this Act relating to the carrying out of
identifying procedures.
13. Assistance when exercising powers
(1) A person who may exercise a power in this Act may authorise
as many other persons to assist in exercising the power as are
10 reasonably necessary in the circumstances.
(2) A person so authorised may exercise the power or assist the
other person in exercising the power, as the case requires.
(3) Whether authorised to do so or not, a person may assist another
person in exercising a power in this Act if the person believes,
15 on reasonable grounds, that the other person --
(a) is lawfully entitled to exercise the power; and
(b) needs assistance for the purpose of doing so.
(4) A person who under subsection (2) or (3) may exercise a power,
or assist in exercising a power, must obey any lawful and
20 reasonable directions of the person who gave the authorisation
or who is being assisted.
14. Use of force when exercising powers
When exercising a power in this Act, a person may use any
force that is reasonably necessary in the circumstances --
25 (a) to exercise the power; and
(b) to overcome any resistance to exercising the power that
is offered, or that the person exercising the power
reasonably suspects will be offered, by any person.
page 12
Criminal Investigation (Identifying People) Bill 2001
General Part 2
s. 15
15. Applying for warrants
(1) In this section --
"judicial officer" means a JP or a magistrate, as the case
requires.
5 (2) This section applies to and in respect of an application to a
judicial officer for a warrant if another section of this Act
requires the application to be made under this section.
(3) The application must be made in writing in the prescribed form.
(4) Subject to subsection (6)(c), the application must be made, and
10 any information in support of it must be given, on oath.
(5) The application must be made in person before a judicial officer
unless --
(a) the warrant is needed urgently; and
(b) the applicant reasonably suspects that a judicial officer
15 is not known to be available within a reasonable
distance of the applicant,
in which case it may be made to a judicial officer by remote
communication.
(6) If an application for a warrant is made to a judicial officer by
20 remote communication --
(a) the applicant must prepare a written application and if
practicable send it to the judicial officer;
(b) if it is not practicable to send the written application to
the judicial officer, the applicant may make the
25 application orally;
(c) if it is not practicable to comply with subsection (4), the
applicant may make the application, and give
information in support of the application to the judicial
officer, in an unsworn form; and
page 13
Criminal Investigation (Identifying People) Bill 2001
Part 2 General
s. 15
(d) the judicial officer must not grant the application unless
satisfied there are grounds under subsection (5) for the
application not to be made in person.
(7) If the application is made orally under subsection (6)(b), the
5 judicial officer must complete the prescribed form of
application.
(8) If information in support of the application is given orally, the
judicial officer must make a record of it.
(9) If --
10 (a) an applicant makes an unsworn application or gives a
judicial officer unsworn information; and
(b) the judicial officer issues a warrant,
the applicant must send the judicial officer an affidavit verifying
the application or containing the information as soon as
15 practicable after the warrant is issued.
(10) If the application is made by remote communication and the
judicial officer issues the warrant, then --
(a) if it is reasonably practicable to send a copy of the
warrant to the applicant by remote communication, the
20 judicial officer must immediately do so;
(b) if it is not reasonably practicable to so send a copy of the
warrant --
(i) the judicial officer must immediately give the
applicant by remote communication any
25 information that is required to be set out in the
warrant;
(ii) the applicant must complete a form of the
warrant with the information given by the
judicial officer;
page 14
Criminal Investigation (Identifying People) Bill 2001
General Part 2
s. 15
(iii) the applicant must give the judicial officer a copy
of the completed form as soon as practicable
after the warrant is issued; and
(iv) the judicial officer must attach the copy of the
5 completed form to the original warrant issued by
the judicial officer and any affidavit received
from the applicant in support of the application
and make them available for collection by the
applicant.
10 (11) If a copy of a warrant is received by remote communication
under subsection (10)(a) or a form of warrant is completed in
accordance with subsection (10)(b)(ii), it has the same effect as
the original warrant issued by the judicial officer.
(12) If an applicant contravenes subsection (9) or (10), any evidence
15 obtained under the warrant is not admissible in proceedings in a
court unless the court decides otherwise under section 86.
page 15
Criminal Investigation (Identifying People) Bill 2001
Part 3 Personal details of people
s. 16
Part 3 -- Personal details of people
16. Officer may ask for name, address, etc.
(1) In this section --
"personal details", in relation to a person, means --
5 (a) the person's full name;
(b) the person's date of birth;
(c) the address of where the person is living;
(d) the address of where the person usually lives.
(2) If an officer reasonably suspects that a person whose personal
10 details are unknown to the officer --
(a) has committed or is committing or is about to commit an
offence; or
(b) may be able to assist in the investigation of an offence
or a suspected offence,
15 the officer may request the person to give the officer any or all
of the person's personal details.
(3) If an officer reasonably suspects that a personal detail given by
a person in response to a request is false, the officer may request
the person to produce evidence of the correctness of the detail.
20 (4) A person to whom a request is made under subsection (2) or (3)
may request the officer making the request to identify himself or
herself.
(5) An officer who is requested by a person to identify himself or
herself must do so.
25 (6) A person who, without reasonable excuse, does not comply with
a request made under subsection (2) or (3) commits an offence.
Penalty: Imprisonment for 12 months.
page 16
Criminal Investigation (Identifying People) Bill 2001
Personal details of people Part 3
s. 16
(7) For the purposes of subsection (6), the fact that an officer did
not comply with subsection (5) as soon as practicable is a
reasonable excuse.
(8) A person who, in response to a request made under
5 subsection (2), gives any false personal details commits an
offence.
Penalty: Imprisonment for 12 months.
(9) A person who, in response to a request made under
subsection (3), produces any false evidence commits an offence.
10 Penalty: Imprisonment for 12 months.
page 17
Criminal Investigation (Identifying People) Bill 2001
Part 4 Identifying particulars of volunteers and others
Division 1 Preliminary
s. 17
Part 4 -- Identifying particulars of volunteers and
others
Division 1 -- Preliminary
17. Definitions
5 In this Part --
"identifying particular", in relation to a person, means --
(a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an
10 identifying feature of the person);
(c) an impression of an identifying feature of the person
(including a dental impression);
(d) a sample of the person's hair taken for purposes other
than obtaining the person's DNA profile;
15 (e) the person's DNA profile;
"volunteer" means a person who is --
(a) an adult to whom section 19(1)(a) applies;
(b) an incapable person to whom section 19(1)(b)
applies; or
20 (c) a child to whom section 19(1)(c) applies.
18. How identifying procedures are to be done
An identifying procedure that under Division 2 or 4 may be
done on a person must be done in accordance with Part 8.
page 18
Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of volunteers and others Part 4
Volunteers Division 2
s. 19
Division 2 -- Volunteers
19. Volunteer for an identifying procedure to be informed
(1) If --
(a) in the case of a person who is an adult, the person
5 volunteers to a police officer to undergo an identifying
procedure for or in connection with a forensic purpose;
(b) in the case of a protected person who is an incapable
person, a responsible person wants the incapable person
to undergo an identifying procedure for or in connection
10 with a forensic purpose and informs a police officer
accordingly; or
(c) in the case of a protected person who is a child --
(i) the child is willing to undergo an identifying
procedure for or in connection with a forensic
15 purpose; and
(ii) a responsible person wants the child to undergo
the procedure and informs a police officer
accordingly,
the officer must inform the volunteer and, if the case requires,
20 the responsible person, in accordance with subsection (2).
(2) The volunteer and, if the case requires, the responsible person,
must be informed of these matters --
(a) which identifying particulars of the volunteer are sought
to be obtained by means of the identifying procedure;
25 (b) how the procedure will be carried out;
(c) that subject to his or her decision, the volunteer's
identifying information may be compared with or put in
a forensic database;
(d) that the procedure may provide evidence that could be
30 used in court against the volunteer;
page 19
Criminal Investigation (Identifying People) Bill 2001
Part 4 Identifying particulars of volunteers and others
Division 2 Volunteers
s. 20
(e) that he or she may decide whether --
(i) to limit the forensic purposes for which the
volunteer's identifying information may be used;
or
5 (ii) to allow the identifying information to be used
for unlimited forensic purposes;
(f) that he or she may decide whether the identifying
information can be kept by the WA Police --
(i) for a limited period; or
10 (ii) indefinitely;
(g) that, if the procedure is done, he or she may
subsequently change the decision on the matters in
paragraphs (e) and (f) by notifying the Commissioner of
Police;
15 (h) that the volunteer is not obliged to undergo the
procedure;
(i) that he or she may get legal advice before deciding
whether or not to consent to the procedure;
(j) that, if deciding to consent to the procedure, he or she
20 may withdraw consent at any time before the procedure
has been completed; and
(k) any matter prescribed by the regulations.
(3) The information in subsection (2) may be provided in writing.
20. Volunteer may consent
25 (1) If section 19(2) has been complied with --
(a) a volunteer who is an adult --
(i) may consent to the identifying procedure that he
or she was informed about; and
(ii) if he or she consents, must decide the matters in
30 section 19(2)(e) and (f);
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of volunteers and others Part 4
Volunteers Division 2
s. 20
(b) a responsible person --
(i) may consent to a protected person undergoing
the identifying procedure that the responsible
person was informed about; and
5 (ii) if he or she consents, must decide the matters in
section 19(2)(e) and (f).
(2) The consent and decisions of a person must be recorded in
writing on a form approved by the Commissioner of Police and
signed by the person in the presence of a police officer.
10 (3) A copy of the person's signed form must be given to the person.
(4) When the consent of a person has been given and recorded in
accordance with this section, the identifying procedure may be
done on the volunteer unless, before it has been completed --
(a) if the volunteer is an adult, the volunteer withdraws his
15 or her consent; or
(b) if the volunteer is a protected person --
(i) the volunteer objects to or resists the carrying out
of the procedure; or
(ii) the responsible person withdraws his or her
20 consent to the volunteer undergoing the
procedure.
(5) If an identifying procedure has been done under this Division on
an adult, the adult may subsequently change his or her decision
on the matters in section 19(2)(e) and (f) by notifying the
25 Commissioner of Police.
(6) If an identifying procedure has been done under this Division on
a protected person --
(a) a responsible person; or
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Criminal Investigation (Identifying People) Bill 2001
Part 4 Identifying particulars of volunteers and others
Division 3 Deceased people
s. 21
(b) if the protected person was a child at the time the
identifying procedure was done who has since then
reached 18 years of age, that person,
may subsequently change the decision on the matters in
5 section 19(2)(e) and (f) by notifying the Commissioner of
Police.
Division 3 -- Deceased people
21. Identifying particulars of deceased people
(1) The State Coroner may authorise the taking of identifying
10 particulars from deceased people, whether or not their deaths
are reportable deaths within the meaning of the Coroners
Act 1996, for or in connection with forensic purposes.
(2) An authorisation given under subsection (1) may apply --
(a) generally to all deceased people or identifying
15 particulars;
(b) to a specific class of deceased people or identifying
particulars; or
(c) conditionally or unconditionally.
(3) A coroner, on his or her own initiative or on the application of a
20 person with a proper interest, may --
(a) authorise a person to obtain an identifying particular
from a deceased person for or in connection with a
forensic purpose; and
(b) make any orders necessary to enable the identifying
25 particular to be obtained, including orders relating to the
temporary custody of the body of the deceased person.
(4) An authorisation given under this section must be in writing.
(5) If an authorisation is given under this section the person giving
it must give directions for the purpose of section 63.
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of volunteers and others Part 4
Police officers Division 4
s. 22
Division 4 -- Police officers
22. Identifying particulars of police officers
(1) The Commissioner of Police may require a person who at the
time is appointed under Part I, III or IIIA of the Police Act 1892
5 to undergo an identifying procedure for or in connection with
the forensic purposes prescribed by the regulations for the
purposes of this subsection.
(2) The powers in this section may be exercised as often as the
Commissioner of Police thinks is necessary.
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Criminal Investigation (Identifying People) Bill 2001
Part 5 Identifying particulars of victims and witnesses
s. 23
Part 5 -- Identifying particulars of victims and
witnesses
23. Definitions
In this Part --
5 "identifying particular", in relation to a person, means --
(a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
10 (c) an impression of an identifying feature of the person
(but not including a dental impression);
(d) a sample of the person's hair taken for purposes other
than obtaining the person's DNA profile;
(e) the person's DNA profile;
15 "involved person" means a person who is not a suspect for an
offence but who is reasonably suspected to have been the
victim of or to have witnessed the commission of the
offence.
24. How identifying procedures are to be done
20 An identifying procedure that under this Part may be done on an
involved person must be done in accordance with Part 8.
25. Request to adult to undergo identifying procedure
(1) In this section --
"involved person" means an involved person who is an adult.
25 (2) If an officer reasonably suspects --
(a) that an offence has been committed; and
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of victims and witnesses Part 5
s. 25
(b) that an identifying particular of an involved person,
obtainable by means of a non-intimate identifying
procedure, will afford evidence of the commission of the
offence or of who committed the offence,
5 the officer may request the person to consent to undergoing the
non-intimate identifying procedure to obtain the identifying
particular.
(3) An officer who requests an involved person to consent to an
identifying procedure must at the time inform the person of
10 these matters --
(a) the offence that is suspected of having been committed
and to which the procedure relates;
(b) the purpose of the procedure;
(c) how the procedure will be done;
15 (d) that, subject to the person's decision, information
derived from the procedure may be compared with or
put in a forensic database;
(e) the circumstances in which destruction may be
requested under section 69;
20 (f) that if the person should become a suspect for the
offence, evidence provided by the procedure could be
used in a court against the person;
(g) that the person may decide whether --
(i) to limit the forensic purposes for which
25 information derived from the procedure may be
used; or
(ii) to allow the information to be used for unlimited
forensic purposes;
(h) that, if the procedure is done, the person may
30 subsequently change the decision on the matters in
paragraph (g) by notifying the Commissioner of Police;
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Criminal Investigation (Identifying People) Bill 2001
Part 5 Identifying particulars of victims and witnesses
s. 26
(i) that the person may consent or refuse to consent to the
procedure; and
(j) that, if the person consents to the procedure, he or she
may withdraw consent at any time before the procedure
5 has been completed.
26. Request for protected person to undergo identifying
procedure
(1) In this section --
"involved person" means an involved person who is a
10 protected person.
(2) If an officer reasonably suspects --
(a) that an offence has been committed; and
(b) that an identifying particular of an involved person,
obtainable by means of a non-intimate identifying
15 procedure, will afford evidence of the commission of the
offence or of who committed the offence,
the officer may request a responsible person to consent to the
non-intimate identifying procedure being done on the involved
person to obtain the identifying particular.
20 (3) An officer who requests a responsible person to consent to a
procedure being done on an involved person must at the time
inform the responsible person of these matters --
(a) the offence that is suspected of having been committed
and to which the procedure relates;
25 (b) the purpose of the procedure;
(c) how the procedure will be done;
(d) that, subject to the responsible person's decision,
information derived from the procedure may be
compared with or put in a forensic database;
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of victims and witnesses Part 5
s. 27
(e) the circumstances in which destruction may be
requested under section 69;
(f) that if the involved person should become a suspect for
the offence, evidence provided by the procedure could
5 be used in a court against the involved person;
(g) that the responsible person may decide whether --
(i) to limit the forensic purposes for which
information derived from the procedure may be
used; or
10 (ii) to allow the information to be used for unlimited
forensic purposes;
(h) that, if the procedure is done, the responsible person
may subsequently change the decision on the matters in
paragraph (g) by notifying the Commissioner of Police;
15 (i) that the responsible person may consent or refuse to
consent to the procedure being done on the involved
person;
(j) that, if the responsible person consents to the procedure,
he or she may withdraw consent at any time before the
20 procedure has been completed; and
(k) that if the responsible person does not consent or
withdraws consent --
(i) an application may be made for authority to do
the procedure against the responsible person's
25 will; and
(ii) if authority is given the procedure may be done
against the responsible person's will.
27. Request and giving of information to be recorded
(1) An officer who makes a request under section 25 or 26 must
30 ensure that a record is made of the request, of the information
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Criminal Investigation (Identifying People) Bill 2001
Part 5 Identifying particulars of victims and witnesses
s. 28
given under the section and of the involved person's or
responsible person's responses (if any).
(2) The record must be an audiovisual record or in writing.
28. When identifying procedure may be done
5 (1) If --
(a) under section 25 a request is made to an involved person
or under section 26 to a responsible person;
(b) the person is informed in accordance with section 25 or
26, as the case requires; and
10 (c) as the case requires, either --
(i) the involved person who is an adult consents to
the procedure and decides the matters in
section 25(3)(g); or
(ii) the responsible person consents to the procedure
15 being done on the involved person who is a
protected person and decides the matters in
section 26(3)(g),
then the non-intimate identifying procedure may be done on the
involved person.
20 (2) If an involved person who is an adult, having been --
(a) requested under section 25 to consent to an identifying
procedure; and
(b) informed under that section,
does not consent or withdraws consent to the procedure being
25 done, the procedure cannot be done or continue to be done on
the involved person.
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Criminal Investigation (Identifying People) Bill 2001
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(3) If a responsible person, having been --
(a) requested under section 26 to consent to an identifying
procedure being done on an involved person who is a
protected person; and
5 (b) informed under that section,
does not consent or withdraws consent to the procedure being
done, the procedure may only be done on the involved person if
a magistrate issues an IP warrant (involved protected person)
that authorises it.
10 29. Consent may be withdrawn
(1) This section applies to and in respect of an involved person if an
identifying procedure may be done on the involved person
under section 28(1).
(2) An adult involved person who has consented to undergoing the
15 identifying procedure may withdraw his or her consent at any
time before the procedure has been completed.
(3) A responsible person who has consented to an identifying
procedure being done on an involved person who is a protected
person may withdraw his or her consent at any time before the
20 procedure on the involved person has been completed.
(4) If consent is withdrawn under this section, section 28(2) or (3)
applies, as the case requires.
30. Decision may be changed
(1) If an identifying procedure has been done under section 28(1)
25 on an involved person who is an adult, the involved person may
subsequently change his or her decision on the matters in
section 25(3)(g) by notifying the Commissioner of Police.
(2) If an identifying procedure has been done under section 28(1)
on an involved person who is a protected person --
30 (a) a responsible person; or
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Criminal Investigation (Identifying People) Bill 2001
Part 5 Identifying particulars of victims and witnesses
s. 31
(b) if the protected person was a child at the time the
identifying procedure was done who has since then
reached 18 years of age, that person,
may subsequently change the decision on the matters in
5 section 26(3)(g) by notifying the Commissioner of Police.
31. Officer may apply for IP warrant (involved protected
person)
An officer may apply for an IP warrant (involved protected
person) to do an identifying procedure on an involved person
10 who is a protected person --
(a) if the officer reasonably suspects that, if a request were
made under section 26, the investigation of the offence
concerned would be prejudiced; or
(b) if under section 28 an IP warrant (involved protected
15 person) is needed in order to do it.
32. Application for IP warrant (involved protected person)
(1) Only an officer may apply for an IP warrant (involved protected
person).
(2) An application for an IP warrant (involved protected person)
20 must be made to a magistrate in accordance with section 15.
(3) An application for an IP warrant (involved protected person)
must --
(a) name the person in respect of whom the warrant is
wanted;
25 (b) state the offence in respect of which the involved person
is suspected to have been an involved person;
(c) state the grounds on which the applicant suspects that
the person is an involved person in respect of the
offence;
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of victims and witnesses Part 5
s. 32
(d) specify the identifying particular that is sought and the
non-intimate identifying procedure by means of which it
is to be obtained;
(e) state the grounds on which the applicant suspects that
5 the identifying particular will afford evidence of
whether or not another person committed the offence;
(f) if the application is made under section 31(a) -- state
the grounds on which the applicant suspects that the
investigation of the offence concerned would be
10 prejudiced if a request were made under section 26; and
(g) comply with the relevant provisions of subsection (4).
(4) An application for an IP warrant (involved protected person)
must also state the applicant's grounds for suspecting --
(a) if the application is made under section 31(b) -- either
15 that it is not reasonably practicable to obtain a
responsible person's consent to the involved person
undergoing the procedure or --
(i) that a responsible person has refused to or will
not consent, or has withdrawn consent, to the
20 involved person undergoing the procedure;
(ii) that the responsible person is a suspect in relation
to a serious offence; and
(iii) that the procedure will afford evidence of
whether or not the responsible person committed
25 the offence;
and
(b) in the case of a child, that the child --
(i) is willing to undergo the non-intimate identifying
procedure; and
30 (ii) is sufficiently mature and capable of
understanding the general nature and effect of,
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Criminal Investigation (Identifying People) Bill 2001
Part 5 Identifying particulars of victims and witnesses
s. 33
and the reason for and the consequences of,
undergoing the procedure.
33. Issue and effect of IP warrant (involved protected person)
(1) On an application made under section 32 a magistrate may issue
5 an IP warrant (involved protected person) if the magistrate is
satisfied --
(a) that, in respect of the matters in section 32(3) and (4) on
which the applicant is required to have a suspicion, there
are reasonable grounds for the applicant to have that
10 suspicion; and
(b) that the interests of justice justify obtaining the
identifying particular specified in the application.
(2) In determining whether to make and, if so, the terms of an IP
warrant (involved protected person), the magistrate is to take
15 into account --
(a) the seriousness of the offence in respect of which the
involved person is suspected to have been a victim or
witness;
(b) in the case of a child -- the maturity of the child and his
20 or her capacity to make decisions and whether he or she
is willing to undergo the procedure, to the extent that
those matters can be determined by the magistrate; and
(c) the best interests of the protected person.
(3) For the purposes of this section, a magistrate may inform
25 himself or herself in any way he or she thinks fit.
(4) In the case of an application for an IP warrant (involved
protected person) in respect of an incapable person, the
magistrate may, on his or her own initiative --
(a) give a copy of the application to the Public Advocate;
30 (b) seek information or submissions from the Public
Advocate; or
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of victims and witnesses Part 5
s. 33
(c) if the warrant is issued, give a copy of it to the Public
Advocate,
and may use remote communication to do so.
(5) An IP warrant (involved protected person) must contain this
5 information --
(a) the official details of the applicant;
(b) the name of the involved person to whom it relates;
(c) the offence to which it relates;
(d) the identifying particular to be obtained and the
10 non-intimate identifying procedure by means of which it
is to be obtained;
(e) either --
(i) the limited forensic purposes for or in connection
with which the involved person's identifying
15 information may be used; or
(ii) a statement that the information may be used for
or in connection with unlimited forensic
purposes;
(f) whether that identifying information may be put in a
20 forensic database;
(g) the period, not exceeding 14 days, during which it may
be executed;
(h) the name of the magistrate who issued it; and
(i) the date and time when it was issued.
25 (6) An IP warrant (involved protected person) must be in the
prescribed form.
(7) An IP warrant (involved protected person) authorises --
(a) an officer authorised by subsection (8) --
(i) to arrest the involved person to whom it relates;
30 and
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Criminal Investigation (Identifying People) Bill 2001
Part 5 Identifying particulars of victims and witnesses
s. 33
(ii) to detain him or her for a reasonable period in
order to do the procedure specified in it;
and
(b) if applicable, the doing of the procedure on the involved
5 person against the responsible person's will.
(8) The powers in subsection (7)(a) may be exercised by --
(a) if a police officer applied for the warrant, any police
officer; or
(b) if a public officer applied for the warrant, any public
10 officer who has the same functions as the applicant, or
any police officer.
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of uncharged suspects Part 6
s. 34
Part 6 -- Identifying particulars of uncharged suspects
34. Definitions
In this Part --
"identifying particular", in relation to a person, means --
5 (a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
(c) an impression of an identifying feature of the person
10 (including a dental impression);
(d) a sample of the person's hair taken for purposes other
than obtaining the person's DNA profile;
(e) the person's DNA profile;
"suspect" means a person who is reasonably suspected of
15 having committed a serious offence but who has not been
charged with the offence, and, for the purposes of this
definition, it does not matter whether or not the person is in
lawful custody.
35. Purpose of identifying procedure
20 This Part does not authorise an identifying procedure to be done
on a suspect except for the purpose of obtaining an identifying
particular of the suspect that is reasonably suspected will afford
evidence of whether or not the suspect committed a serious
offence that he or she is reasonably suspected of having
25 committed.
36. How identifying procedures are to be done
An identifying procedure that under this Part may be done on a
suspect must be done in accordance with Part 8.
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Criminal Investigation (Identifying People) Bill 2001
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37. Request to adult to undergo identifying procedure
(1) In this section --
"suspect" means a suspect who is an adult.
(2) If an officer reasonably suspects --
5 (a) that a serious offence has been committed; and
(b) that an identifying particular of a suspect for the offence
will afford evidence of whether or not the suspect
committed the offence,
the officer may request the suspect to consent to an identifying
10 procedure being done on the suspect to obtain the identifying
particular.
(3) An officer who requests a suspect to consent to an identifying
procedure being done on the suspect must at the time inform the
suspect of these matters --
15 (a) the serious offence that the suspect is suspected of
having committed and to which the procedure relates;
(b) the purpose of the procedure;
(c) how the procedure will be done;
(d) that information derived from the procedure may be
20 compared with or put in a forensic database;
(e) the circumstances in which destruction may be
requested under section 69;
(f) that the procedure may provide evidence that could be
used in a court against the suspect;
25 (g) that the suspect may consent or refuse to consent to the
procedure;
(h) that, if the suspect consents to the procedure, he or she
may withdraw consent at any time before the procedure
has been completed; and
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of uncharged suspects Part 6
s. 38
(i) that if the suspect does not consent or withdraws
consent --
(i) an application may be made for authority to do
the procedure against the suspect's will; and
5 (ii) if authority is given the procedure may be done
against the suspect's will.
38. Request for protected person to undergo identifying
procedure
(1) In this section --
10 "suspect" means a suspect who is a protected person.
(2) If an officer reasonably suspects --
(a) that an offence has been committed; and
(b) that an identifying particular of a suspect for the offence
will afford evidence of whether or not the suspect
15 committed the offence,
the officer may request a responsible person to consent to an
identifying procedure being done on the suspect to obtain the
identifying particular.
(3) An officer who requests a responsible person to consent to an
20 identifying procedure being done on a suspect must at the time
inform the responsible person of these matters --
(a) the offence that the suspect is suspected of having
committed and to which the procedure relates;
(b) the purpose of the procedure;
25 (c) how the procedure will be done;
(d) that information derived from the procedure may be
compared with or put in a forensic database;
(e) the circumstances in which destruction may be
requested under section 69;
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Criminal Investigation (Identifying People) Bill 2001
Part 6 Identifying particulars of uncharged suspects
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(f) that the procedure may provide evidence that could be
used in a court against the suspect;
(g) that the responsible person may consent or refuse to
consent to the procedure being done on the suspect;
5 (h) that, if the responsible person consents to the procedure,
he or she may withdraw consent at any time before the
procedure has been completed; and
(i) that if the responsible person does not consent or
withdraws consent --
10 (i) an application may be made for authority to do
the procedure against the responsible person's
will; and
(ii) if authority is given the procedure may be done
against the responsible person's will.
15 (4) If the suspect is a child, the making of a request, and the giving
of information, under this section must be done in the presence
of the suspect.
39. Request and giving of information to be recorded
(1) An officer who makes a request under section 37 or 38 must
20 ensure that a record is made of the request, of the information
given under the section and of the suspect's or responsible
person's responses (if any).
(2) The record must be an audiovisual record or in writing.
40. When identifying procedure may be done
25 (1) If --
(a) under section 37 a request is made to a suspect or under
section 38 to a responsible person;
(b) the suspect or responsible person is informed in
accordance with section 37 or 38, as the case requires;
30 and
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of uncharged suspects Part 6
s. 41
(c) as the case requires, either --
(i) the suspect, if an adult, consents to the
identifying procedure; or
(ii) the responsible person consents to the identifying
5 procedure being done on the suspect who is a
protected person,
then the identifying procedure may be done on the suspect.
(2) If a suspect who is an adult, having been --
(a) requested under section 37 to consent to an identifying
10 procedure; and
(b) informed under that section,
does not consent or withdraws consent to the procedure, the
procedure may only be done on the suspect if --
(c) in the case of a non-intimate identifying procedure -- a
15 senior officer approves it under section 44; or
(d) in the case of an intimate identifying procedure -- a JP
issues an IP warrant (suspect) that authorises it.
(3) If a responsible person, having been --
(a) requested under section 38 to consent to an identifying
20 procedure being done on a suspect who is a protected
person; and
(b) informed under that section,
does not consent or withdraws consent to the procedure, the
procedure may only be done on the suspect if a magistrate
25 issues an IP warrant (suspect) that authorises it.
41. Consent may be withdrawn
(1) This section applies to and in respect of a suspect if an
identifying procedure may be done on the suspect under
section 40(1).
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Criminal Investigation (Identifying People) Bill 2001
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(2) An adult suspect who has consented to undergoing the
identifying procedure may withdraw his or her consent at any
time before the procedure has been completed.
(3) A responsible person who has consented to an identifying
5 procedure being done on a suspect who is a protected person
may withdraw his or her consent at any time before the
procedure on the suspect has been completed.
(4) If consent is withdrawn under this section, section 40(2) or (3)
applies, as the case requires.
10 42. Officer may apply for approval of IP warrant (suspect)
(1) An officer may apply for the approval of a senior officer to do a
non-intimate identifying procedure on a suspect who is an adult
if under section 40(2) the approval of a senior officer is needed
in order to do it.
15 (2) An officer may apply for an IP warrant (suspect) to do an
identifying procedure on a suspect --
(a) if the officer reasonably suspects that, if a request were
made under section 37 or 38, the investigation of the
offence concerned would be prejudiced; or
20 (b) if under section 40(2) or (3) an IP warrant (suspect) is
needed in order to do it.
43. Application for approval to do non-intimate identifying
procedure on adult
(1) In this section --
25 "suspect" means a suspect who is an adult.
(2) An application for an approval under this section to do a
non-intimate identifying procedure on a suspect must be made
to another officer who is a senior officer and not involved in the
investigation of the offence to which the proposed non-intimate
30 identifying procedure relates.
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of uncharged suspects Part 6
s. 44
(3) The application may be made by remote communication.
(4) The application must --
(a) if practicable be in writing;
(b) name the suspect to whom it relates;
5 (c) state the offence that the suspect is suspected of having
committed;
(d) specify the identifying particular that is sought and the
non-intimate identifying procedure by means of which it
is to be obtained;
10 (e) state the grounds on which the applicant suspects --
(i) that the suspect has committed the offence; and
(ii) that the identifying particular sought will afford
evidence of whether or not the suspect
committed the offence.
15 44. Senior officer may approve non-intimate identifying
procedure to be done on adult
(1) On an application made under section 43 a senior officer may
approve a non-intimate identifying procedure being done on a
suspect against the suspect's will.
20 (2) A senior officer must not give approval unless he or she is
satisfied --
(a) that the suspect is an adult;
(b) that the suspect has been informed in accordance with
section 37;
25 (c) that, in respect of the matters in section 43(4) about
which the applicant is required to have a suspicion, there
are reasonable grounds for the applicant to have that
suspicion; and
(d) that the interests of justice justify obtaining the
30 identifying particular specified in the application.
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Criminal Investigation (Identifying People) Bill 2001
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s. 45
(3) As soon as practicable after giving approval a senior officer
must make a record of --
(a) the date and time when it was given; and
(b) the reasons for giving it.
5 (4) An approval may be given by remote communication.
(5) An approval given under this section authorises --
(a) an officer --
(i) to arrest the suspect to whom it relates; and
(ii) to detain him or her for a reasonable period in
10 order to do the non-intimate identifying
procedure approved;
and
(b) the doing of the non-intimate identifying procedure on
the suspect against his or her will.
15 45. Application for IP warrant (suspect)
(1) Only an officer may apply for an IP warrant (suspect).
(2) An application for an IP warrant (suspect) must be made in
accordance with section 15 --
(a) to a JP if the application is in respect of an adult; or
20 (b) to a magistrate if the application is in respect of a
protected person.
(3) An application for an IP warrant (suspect) must --
(a) name the suspect in respect of whom the warrant is
wanted;
25 (b) state the offence that the suspect is suspected of having
committed;
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Identifying particulars of uncharged suspects Part 6
s. 46
(c) specify the identifying particular that is sought and the
identifying procedure by means of which it is to be
obtained;
(d) state the grounds on which the applicant suspects --
5 (i) that the suspect has committed the offence; and
(ii) that the identifying particular sought will afford
evidence of whether or not the suspect
committed the offence.
46. Issue and effect of IP warrant (suspect)
10 (1) On an application made under section 45 a JP or magistrate, as
the case requires, may issue an IP warrant (suspect) if he or she
is satisfied --
(a) that, in respect of the matters in section 45(3) on which
the applicant is required to have a suspicion, there are
15 reasonable grounds for the applicant to have that
suspicion; and
(b) that the interests of justice justify obtaining the
identifying particular specified in the application.
(2) In the case of an application for an IP warrant (suspect) in
20 respect of an incapable person, the magistrate may, on his or her
own initiative --
(a) give a copy of the application to the Public Advocate;
(b) seek information or submissions from the Public
Advocate; or
25 (c) if the warrant is issued, give a copy of it to the Public
Advocate,
and may use remote communication to do so.
(3) An IP warrant (suspect) must contain this information --
(a) the official details of the applicant;
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Criminal Investigation (Identifying People) Bill 2001
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s. 46
(b) the name of the suspect to whom it relates;
(c) the offence to which it relates;
(d) the identifying particular to be obtained and the
identifying procedure by means of which it is to be
5 obtained;
(e) the period, not exceeding 14 days, during which it may
be executed;
(f) the name of the JP or magistrate who issued it; and
(g) the date and time when it was issued.
10 (4) An IP warrant (suspect) must be in the prescribed form.
(5) An IP warrant (suspect) authorises --
(a) an officer authorised by subsection (6) --
(i) to arrest the suspect to whom it relates; and
(ii) to detain him or her for a reasonable period in
15 order to do the identifying procedure specified in
it;
and
(b) the doing of the identifying procedure on the suspect
against his or her will or against the responsible person's
20 will, as the case requires.
(6) The powers in subsection (5)(a) may be exercised by --
(a) if a police officer applied for the warrant, any police
officer; or
(b) if a public officer applied for the warrant, any public
25 officer who has the same functions as the applicant, or
any police officer.
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Criminal Investigation (Identifying People) Bill 2001
Identifying particulars of charged suspects Part 7
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Part 7 -- Identifying particulars of charged suspects
47. Definitions
In this Part --
"charged suspect" means a person who has been charged with,
5 but not dealt with by a court for, a serious offence and, for
the purposes of this definition, it does not matter whether or
not the person is in lawful custody for the offence;
"identifying particular", in relation to a person, means --
(a) a print of the person's hands (including fingers), feet
10 (including toes) or ears;
(b) a photograph of the person (including of an
identifying feature of the person);
(c) the person's DNA profile.
48. How identifying procedures are to be done
15 An identifying procedure that under this Part may be done on a
suspect must be done in accordance with Part 8.
49. Identifying particulars may be taken
(1) If an officer reasonably suspects that any or all of a charged
suspect's identifying particulars --
20 (a) are not or may not be held by the WA Police; or
(b) are or may be needed to verify the person's identity with
identification particulars already held by the WA Police,
the officer may request the suspect to consent to an identifying
procedure being done on the suspect for the purpose of
25 obtaining one or more of the suspect's identifying particulars.
(2) An officer who requests a charged suspect to consent to an
identifying procedure being done on the suspect must at the
time inform the suspect of these matters --
(a) the purpose of the procedure;
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(b) how the procedure will be done;
(c) that information derived from the procedure may be
compared with or put in a forensic database;
(d) the circumstances in which destruction may be
5 requested under section 69;
(e) that the procedure may provide evidence that could be
used in a court against the suspect;
(f) that if the suspect does not consent or withdraws consent
to the procedure --
10 (i) the suspect may be ordered to undergo the
procedure; and
(ii) the procedure may be done on the suspect against
the suspect's will if the suspect does not obey the
order.
15 50. Request and giving of information to be recorded
(1) A police officer who makes a request under section 49 must
ensure that a record is made of the request, of the information
given under the section and the charged suspect's responses (if
any).
20 (2) The record must be an audiovisual record or in writing.
51. When identifying procedure may be done
(1) If --
(a) under section 49 a request is made to a charged suspect;
(b) the suspect is informed in accordance with that section;
25 and
(c) the suspect consents to the identifying procedure being
done,
then the identifying procedure may be done on the suspect.
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Identifying particulars of charged suspects Part 7
s. 51
(2) If --
(a) under section 49 a request is made to a charged suspect;
(b) the suspect is informed under that section; and
(c) the suspect does not consent or withdraws consent to the
5 identifying procedure,
the officer may order the suspect to undergo the procedure.
(3) If a charged suspect does not obey an order made under
subsection (2), an officer may --
(a) if the suspect is not in custody -- without a warrant
10 arrest the suspect and detain him or her for a reasonable
time in order to do the identifying procedure; and
(b) do the identifying procedure on the suspect against the
suspect's will.
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Part 8 How identifying procedures are to be done
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Part 8 -- How identifying procedures are to be done
52. Definitions
In this Part --
"dentist" means an individual who is registered under the
5 Dental Act 1939;
"doctor" means an individual who is a medical practitioner
within the meaning of the Medical Act 1894;
"nurse" means an individual who is registered under Part 3 of
the Nurses Act 1992;
10 "qualified person", in relation to an identifying procedure,
means a person who is qualified under the regulations to do
the procedure.
53. Application of this Part
This Part applies if, under another provision of this Act, an
15 identifying procedure must be done in accordance with this Part.
54. General requirements
(1) Before doing an identifying procedure on a person the officer
who is responsible for doing it must --
(a) identify himself or herself to the person; and
20 (b) if it is being done against the person's will, tell the
person that it is an offence to obstruct the carrying out of
it.
(2) An intimate identifying procedure on a person --
(a) must be done in circumstances giving reasonable
25 privacy to the person; and
(b) must not involve the removal of more clothing than is
necessary for doing the procedure.
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Criminal Investigation (Identifying People) Bill 2001
How identifying procedures are to be done Part 8
s. 55
(3) A suspect must not be questioned in relation to an offence while
he or she is undergoing an identifying procedure.
(4) If an identifying procedure is to be done on an incapable person
the officer who is responsible for doing it must arrange for the
5 incapable person to have near him or her while the procedure is
done a responsible person or another person who can provide
him or her with support.
(5) The number of people who are present while an identifying
procedure is being done (excluding a person who is present
10 under subsection (4)) must not exceed the number reasonably
necessary to ensure the procedure is done effectively and to
ensure the safety of all present.
(6) If this Part requires a power to be exercised in relation to a
person by a person with specific qualifications, the officer
15 authorised to exercise the power may authorise a person with
those qualifications to exercise the power.
(7) A person so authorised may exercise the power.
55. Sex of people doing procedures
(1) A person who does a non-intimate identifying procedure on a
20 person may be of either sex.
(2) A person who does an intimate identifying procedure on a
person must be of the same sex as that person unless the person
who does it is --
(a) a doctor;
25 (b) a dentist;
(c) a nurse; or
(d) if the intimate identifying procedure being done on that
person is the taking of a sample of that person's
blood -- a qualified person.
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Criminal Investigation (Identifying People) Bill 2001
Part 8 How identifying procedures are to be done
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(3) A person who is present while an intimate identifying procedure
is done by a person on another person (excluding a person who
is present under section 54(4)) must, if practicable, be of the
same sex as the person on whom the procedure is done.
5 (4) Subsection (3) does not apply if the intimate identifying
procedure is the taking of a sample of the person's blood.
(5) If this Part requires a power to be exercised in relation to a
person by a person of the same sex as the person, the officer
authorised to exercise the power may authorise a person of that
10 sex to exercise the power.
(6) A person so authorised may exercise the power.
(7) If it is necessary to ascertain the sex of a person before exercising a
power under this Part on the person and the sex of the person is
uncertain to the officer authorised to exercise the power --
15 (a) the officer must ask the person to indicate whether a
male or a female should exercise the power on the
person and must act in accordance with the answer; and
(b) in the absence of an answer, the person is to be treated
as if of the sex that the person outwardly appears to the
20 officer to be.
56. Who may do an identifying procedure
When doing an identifying procedure on a person, a power in
the Table to this section may only be exercised by a person
specified opposite the power in the Table.
25 Table
Power Who may exercise it
A. Non-intimate identifying procedure
1. Photographing a person, other Doctor, nurse or qualified
than his or her private parts person
2. Obtaining a print of the person's Qualified person
hands (including fingers), feet
(including toes) or ears
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Criminal Investigation (Identifying People) Bill 2001
How identifying procedures are to be done Part 8
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Power Who may exercise it
3. Taking a buccal swab from the Doctor, dentist, nurse or
person qualified person
4. Taking a sample of the person's Doctor, nurse or qualified
hair other than pubic hair person
B. Intimate identifying procedure
1. Photographing an identifying Doctor, nurse or qualified
feature of the person on his or her person
private parts
2. Taking a sample of the person's Doctor or nurse
pubic hair
3. Taking a sample of blood from Doctor, nurse or qualified
the person person
4. Taking a dental impression of the Doctor or dentist
person
57. Personal details may be obtained as well
An officer who is authorised under this Part to do an identifying
procedure on a person may request the person to give the officer
any or all of the person's personal details, and section 16(3) to
5 (9), with any necessary changes, apply to and in relation to the
request.
58. How samples and impressions are to be taken
(1) The taking under this Part of --
(a) a sample from a person's body; or
10 (b) an impression from any part of a person's body
(including a dental impression),
must be done by the least painful method that is known or
available to the person taking the sample or impression.
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(2) The regulations may --
(a) prohibit or regulate methods by which samples,
photographs, prints or impressions are taken or
procedures are done under this Part;
5 (b) prescribe the equipment to be used for taking samples,
photographs, prints or impressions or doing procedures
under this Part.
59. Procedures may be repeated
(1) In relation to any one investigation, a person may be
10 requested --
(a) on more than one occasion to undergo an identifying
procedure;
(b) to undergo more than one identifying procedure.
(2) Without limiting subsection (1), a person may be requested to
15 undergo the same identifying procedure on more than one
occasion if, on a previous occasion, the procedure was
unsuccessful and it is reasonable to repeat the procedure.
(3) A request under this section must be made in accordance with
the other provisions of this Act.
20 60. People not obliged to do procedures
Nothing in this Act requires a person --
(a) to do an identifying procedure on another person; or
(b) to take a photograph, print or impression of, or a sample
from, another person's body.
page 52
Criminal Investigation (Identifying People) Bill 2001
Use and destruction of identifying information Part 9
s. 61
Part 9 -- Use and destruction of identifying
information
61. Definitions
In this Part --
5 "forensic database" means a DNA database or another
database (whether or not on a computer and however
described) that contains --
(a) information in relation to the commission of an
offence that may identify the person who committed
10 it;
(b) identifying information of people lawfully obtained
before the commencement of this Act;
(c) identifying information of people (alive or deceased)
obtained under this Act; or
15 (d) identifying information of missing persons and their
relatives by blood;
"identifying information", in relation to a person, means --
(a) any identifying particular obtained as a result of
doing an identifying procedure on the person;
20 (b) anything used in obtaining the identifying particular
such as an impression, negative, sample or swab; or
(c) the personal details of the person obtained when the
identifying particular was obtained,
and, for the purposes of this definition, it does not matter in
25 what form the information is kept.
For example: on paper or in an electronic or digitised form.
"identifying particular" has the same meaning as it has in
section 11(1).
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Criminal Investigation (Identifying People) Bill 2001
Part 9 Use and destruction of identifying information
s. 62
62. Identifying information of volunteers
(1) Unless subsection (2) applies, identifying information of a
volunteer obtained under Part 4 Division 2 --
(a) must not --
5 (i) be compared with any information in a forensic
database; or
(ii) be put in a forensic database,
except in accordance with the decision of the volunteer,
or responsible person, made or changed under
10 section 20;
(b) if it is a DNA profile and may be compared with
information in a DNA database -- may only be
compared in accordance with section 78; and
(c) must be destroyed in accordance with the decision of the
15 volunteer, or responsible person, made or changed under
section 20.
(2) If a volunteer from whom identifying information is obtained
under Part 4 Division 2 --
(a) is subsequently reasonably suspected of having
20 committed a serious offence, section 66 applies to the
information; or
(b) is subsequently charged with a serious offence,
section 67 applies to the information,
unless the information should have been destroyed.
25 63. Identifying information of deceased people
(1) Identifying information of a deceased person obtained under
Part 4 Division 3 --
(a) may be compared with other information, whether or not
in a forensic database, if a coroner has so directed, but,
30 if it is a DNA profile that may be compared with
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Criminal Investigation (Identifying People) Bill 2001
Use and destruction of identifying information Part 9
s. 64
information in a DNA database, may only be compared
in accordance with section 78;
(b) may be put in a forensic database if a coroner has so
directed; and
5 (c) must be destroyed in accordance with any direction for
destruction made by a coroner.
(2) For the purposes of a comparison with information in a DNA
database of a DNA profile obtained from a deceased person
whose personal details are known --
10 (a) the DNA profile is taken to have been obtained from a
volunteer under Part 4 Division 2; and
(b) whether or not there are limits as to the forensic
purposes for which the DNA profile may be used is
decided in accordance with the direction of a coroner.
15 64. Identifying information of police officers
(1) Identifying information of a person obtained under Part 4
Division 4 --
(a) subject to subsection (2) and with the approval of the
Commissioner of Police, may be compared with other
20 information, whether or not in a forensic database, for or
in connection with the forensic purposes prescribed for
the purposes of section 22(1);
(b) with the approval of the person, may be put in a forensic
database; and
25 (c) must be destroyed if the person, having ceased to be a
person who, under section 22, may be required to
undergo an identifying procedure, requests the
Commissioner of Police to destroy it.
(2) If that identifying information is a DNA profile, it may only be
30 compared with information in a DNA database in accordance
with section 78, and for the purposes of that section the DNA
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Criminal Investigation (Identifying People) Bill 2001
Part 9 Use and destruction of identifying information
s. 65
profile is taken to have been obtained from a volunteer under
Part 4 Division 2 for or in connection with the forensic purposes
prescribed for the purposes of section 22(1).
(3) An approval for the purposes of subsection (1) may apply
5 generally or in relation to a specific case or class of case.
65. Identifying information of involved people
(1) Unless subsection (2) applies, identifying information of an
involved person obtained under Part 5 --
(a) must not --
10 (i) be compared with any other information,
whether or not in a forensic database; or
(ii) be put in a forensic database,
except in accordance with, as the case requires --
(iii) the decision of the involved person, or
15 responsible person, made under section 28 or
changed under section 30; or
(iv) an IP warrant (involved protected person);
(b) if it is a DNA profile and may be compared with
information on a DNA database -- may only be
20 compared in accordance with section 78; and
(c) must be destroyed if --
(i) within 2 years after the information is obtained
no person is charged with the offence in respect
of which the involved person is such a person; or
25 (ii) a person is so charged and criminal proceedings
in respect of the charge, including proceedings
on an appeal, are completed,
and destruction is requested under section 69 by or on
behalf of the involved person.
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Criminal Investigation (Identifying People) Bill 2001
Use and destruction of identifying information Part 9
s. 66
(2) If an involved person from whom identifying information is
obtained under Part 5 --
(a) is subsequently reasonably suspected of having
committed the offence in respect of which the person is
5 an involved person and the offence is a serious offence,
section 66 applies to the information; or
(b) is subsequently charged with the offence in respect of
which the person is an involved person and the offence
is a serious offence, section 67 applies to the
10 information,
unless the information should have been destroyed.
66. Identifying information of uncharged suspects
(1) In this section --
"relevant offence", in relation to a suspect, means --
15 (a) the offence that the suspect is suspected of having
committed and in relation to which identifying
information is obtained under Part 6; or
(b) an offence arising out of the same circumstances as
that offence.
20 (2) Unless subsection (3) applies, identifying information of a
suspect obtained under Part 6 --
(a) may be compared with other information, whether or not
in a forensic database, as soon as it is obtained, but, if it
is a DNA profile, may only be compared with
25 information in a DNA database in accordance with
section 78;
(b) may be put in a forensic database as soon as it is
obtained; and
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Criminal Investigation (Identifying People) Bill 2001
Part 9 Use and destruction of identifying information
s. 67
(c) must be destroyed if --
(i) within 2 years after the information is obtained
the suspect is not charged with a relevant
offence; or
5 (ii) the suspect is so charged but the charge is
finalised without a finding of guilt,
and destruction is requested under section 69 by or on
behalf of the suspect.
(3) If a suspect from whom identifying information is obtained
10 under Part 6 is subsequently charged with a relevant offence,
section 67 applies to the information unless the information
should have been destroyed.
67. Identifying information of charged suspects
(1) Identifying information of a suspect obtained under Part 7 --
15 (a) may be compared with other information, whether or not
in a forensic database, as soon as it is obtained, but, if it
is a DNA profile, may only be compared with
information in a DNA database in accordance with
section 78;
20 (b) may be put in a forensic database as soon as it is
obtained; and
(c) subject to subsection (3), must be destroyed if the charge
against the suspect is finalised without a finding of guilt
and destruction is requested under section 69 by or on
25 behalf of the suspect.
(2) Subsection (1) also applies to and in respect of identifying
information of a charged suspect (within the meaning of Part 7)
lawfully obtained before the commencement of Part 7.
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Criminal Investigation (Identifying People) Bill 2001
Use and destruction of identifying information Part 9
s. 68
(3) Subsection (1)(c) does not apply to identifying information of a
suspect if, in relation to the offence with which the suspect is
charged --
(a) the suspect is found to be not mentally fit to stand trial
5 under the Criminal Law (Mentally Impaired Defendants)
Act 1996; or
(b) the suspect is found not guilty of the offence on account
of unsoundness of mind.
(4) If identifying information of a person is not destroyed because
10 of the operation of subsection (3) and the person --
(a) is subsequently reasonably suspected of having
committed a serious offence, section 66 applies to the
information; or
(b) is subsequently charged with a serious offence, this
15 section applies to the information.
68. Results of matched information to be made available to
suspects
(1) If --
(a) identifying information is obtained under this Act from a
20 person who, either then or subsequently, is reasonably
suspected of having committed an offence; and
(b) the information is compared with and found to match
information, whether or not in a forensic database,
obtained otherwise in relation to the investigation of the
25 offence,
the officer in charge of the investigation of the offence must
ensure that the results of the comparison are made available to
the person.
(2) The results of the comparison must be made available to the
30 suspect as soon as practicable after they are obtained unless to
do so would prejudice the investigation of any offence.
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Criminal Investigation (Identifying People) Bill 2001
Part 9 Use and destruction of identifying information
s. 69
69. Request for destruction of identifying information
If another provision of this Act refers to the destruction of
identifying information being requested under this section, the
request may be made --
5 (a) if the identifying information is of a person who is an
adult at the time the request may be made -- by the
adult;
(b) if the identifying information is of a person who is a
child at the time the request may be made -- by a
10 responsible person; or
(c) if the identifying information is of a person who is an
incapable person at the time the request may be made --
by a responsible person or the Public Advocate,
and must be made to the Commissioner of Police.
15 70. Destroying identifying information
(1) If this Part requires identifying information to be destroyed on
the occurrence of an event or on a request, it must be destroyed
as soon as practicable after the event occurs or the request is
made.
20 (2) If this Part requires identifying information to be destroyed, all
means of connecting the identifying information with the person
whose identifying information it is must be destroyed.
(3) If this Part requires identifying information to be destroyed,
identifying information that consists of a DNA profile of a
25 person may be kept in a DNA database for statistical purposes if
other identifying information that would enable the identity of
the person to be discovered is destroyed.
page 60
Criminal Investigation (Identifying People) Bill 2001
Use and destruction of identifying information Part 9
s. 71
71. Responsibility for destroying identifying information
(1) If information or anything else that must be destroyed under this
Act is in the possession of the WA Police, the Commissioner of
Police must ensure it is destroyed.
5 (2) If information or anything else that must be destroyed under this
Act is in the possession of a person other than the WA Police,
that person must ensure it is destroyed.
(3) If information or anything else that must be destroyed under this
Act is in a forensic database, the person who controls or
10 manages the database must ensure it is destroyed.
72. Supreme Court may order information not to be destroyed
(1) If the Supreme Court is satisfied that there is good reason to
keep identifying information after the time when under this Part
it must be destroyed --
15 (a) the court may order that it be kept for a period set by the
court; and
(b) that order has effect according to its terms despite
anything else in this Part.
(2) The Supreme Court may at any time amend or cancel such an
20 order.
(3) A person whose identifying information is the subject of an
application for an order under this section is entitled to be heard
on the application.
73. Disclosure of identifying information
25 (1) A person who has access, or has had access, to identifying
information obtained under this Act, whether or not in a forensic
database, may only disclose the information in these
circumstances --
(a) if the person is the person to whom the information
30 relates;
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Criminal Investigation (Identifying People) Bill 2001
Part 9 Use and destruction of identifying information
s. 73
(b) if the person to whom the information relates consents
in writing to the disclosure;
(c) for the purpose of the medical treatment of the person to
whom the information relates;
5 (d) if the information is already public;
(e) for a forensic purpose where the investigation or
identification is being done by the WA Police or by
other law enforcement officers prescribed by the
regulations;
10 (f) for the purpose of a decision as to whether to prosecute
an offence;
(g) for the purpose of criminal proceedings for an offence;
(h) for the purpose of the medical treatment of a victim of
an offence that the suspect is reasonably suspected to
15 have committed;
(i) for the purpose of an investigation or inquest under the
Coroners Act 1996;
(j) for the purpose of civil or disciplinary proceedings that
relate to the way in which the identifying procedure that
20 resulted in the information was carried out;
(k) for the purpose of an investigation under the
Parliamentary Commissioner Act 1971 into the exercise
of any power under this Act;
(l) in accordance with an arrangement entered into under
25 section 91(1);
(m) in accordance with the Mutual Assistance in Criminal
Matters Act 1987, or the Extradition Act 1988, of the
Commonwealth;
(n) for a purpose prescribed by the regulations.
30 (2) This section does not apply in relation to information that
cannot be used to discover the identity of a person.
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Criminal Investigation (Identifying People) Bill 2001
Use and destruction of identifying information Part 9
s. 74
(3) A person who has access, or has had access, to identifying
information obtained under this Act, whether or not in a forensic
database, must not disclose the information except as provided
by this section.
5 Penalty: Imprisonment for 2 years.
74. Use of illegal identifying information
(1) In this section --
"illegal identifying information" means identifying
information --
10 (a) that has been obtained in contravention of this Act or
a corresponding law of a participating jurisdiction; or
(b) that is required by this Act or a corresponding law of
a participating jurisdiction to have been destroyed but
has not been destroyed.
15 (2) For the purposes of this section a person uses illegal identifying
information if the person --
(a) supplies the information to another person --
(i) to be analysed;
(ii) to be put in a forensic database; or
20 (iii) to be compared with other information, whether
or not in a forensic database;
(b) analyses the information;
(c) compares the information with other information,
whether or not in a forensic database;
25 (d) puts the information in a forensic database; or
(e) leaves the information in a forensic database.
(3) A person who knows or reasonably ought to know that
identifying information is illegal identifying information must
not use the information.
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s. 75
Penalty: Imprisonment for 2 years.
75. Improper use of information obtained in accordance with
Act
A person who --
5 (a) compares information obtained in accordance with this
Act with other information, whether or not in a forensic
database, otherwise than in accordance with this Part; or
(b) puts information obtained in accordance with this Act in
a forensic database otherwise than in accordance with
10 this Part,
commits an offence.
Penalty: Imprisonment for 2 years.
page 64
Criminal Investigation (Identifying People) Bill 2001
DNA databases Part 10
s. 76
Part 10 -- DNA databases
76. Definitions
In this Part --
"crime scene index" means an index of DNA profiles derived
5 from material obtained from --
(a) a place (whether within or outside Australia) where
an offence under the law of this State, another State, a
Territory or the Commonwealth was, or is reasonably
suspected to have been, committed;
10 (b) on or in the body of a person who was involved when
such an offence was committed, whether as a suspect
for, or as a victim of, or as a witness to, the offence;
(c) on or in anything worn or carried by a person referred
to in paragraph (b) at the time of the offence; or
15 (d) anything in respect of which the offence was
committed or that was used in committing, or in
connection with committing, the offence,
together with information about when and where the DNA
profile was obtained, but does not include the DNA profile
20 of a person reasonably suspected to have committed the
offence that was obtained from that person;
"DNA database" means a database (whether or not on a
computer and however described) that contains --
(a) the following indexes of DNA profiles --
25 (i) a crime scene index;
(ii) a missing persons index;
(iii) an offenders index;
(iv) a suspects index;
(v) an unknown deceased persons index;
30 (vi) a volunteers (limited purposes) index;
page 65
Criminal Investigation (Identifying People) Bill 2001
Part 10 DNA databases
s. 76
(vii) a volunteers (unlimited purposes) index;
(b) a statistical index; and
(c) if an index is prescribed by the regulations for the
purposes of this definition -- that index;
5 "DNA database index" means an index of DNA profiles
mentioned in paragraph (a) of the definition of "DNA
database";
"missing persons index" means an index of the DNA profiles
of --
10 (a) missing people; or
(b) volunteers who are relatives by blood of such people,
together with the personal details of the people whose
profiles they are to the extent that those details are known;
"offenders index" means an index of the DNA profiles
15 obtained --
(a) under Part 6 or 7 from suspects each of whom has
been subsequently found guilty of the offence that he
or she was suspected of having committed;
(b) under Schedule 1 clause 6 from remand prisoners
20 each of whom has been subsequently found guilty of
the offence that he or she was suspected of having
committed;
(c) under Schedule 1 clause 6 from serious offenders; or
(d) under the corresponding laws of participating
25 jurisdictions from people who have been convicted of
offences under the laws of those jurisdictions,
together with the personal details of the people whose
profiles they are;
page 66
Criminal Investigation (Identifying People) Bill 2001
DNA databases Part 10
s. 76
"statistical index" means an index of information --
(a) that is obtained from the analysis of material obtained
from people under this Act or under the
corresponding laws of participating jurisdictions;
5 (b) that does not contain the personal details of any
person whose DNA profile is in the index;
(c) that is compiled for statistical purposes; and
(d) that cannot be used to discover the identity of people
from whom the material was obtained,
10 and includes a statistical index lawfully compiled for
statistical purposes before the commencement of this Part;
"suspects index" means an index of the DNA profiles
obtained --
(a) under Part 6 or 7 from suspects each of whom has not
15 been found guilty of the offence that he or she was
suspected of having committed;
(b) under Schedule 1 clause 6 from remand prisoners; or
(c) under the corresponding laws of participating
jurisdictions from people who are suspected of
20 having committed, but who have not been convicted
of, offences under the laws of those jurisdictions,
together with the personal details of the people whose
profiles they are;
"unknown deceased persons index" means an index of the
25 DNA profiles obtained from deceased people whose
personal details are unknown, together with information
about when and where the DNA profile was obtained;
"volunteers (limited purposes) index" means an index of the
DNA profiles obtained --
30 (a) under Part 4 Division 2 from volunteers;
(b) under Part 5 from victims and witnesses;
page 67
Criminal Investigation (Identifying People) Bill 2001
Part 10 DNA databases
s. 77
(c) under the corresponding laws of participating
jurisdictions from similar people; or
(d) under Part 4 Division 3, or under the corresponding
laws of participating jurisdictions, from deceased
5 people,
in respect of which there are limits as to the forensic
purposes for which they may be used, together with the
personal details of the people whose DNA profiles they are;
"volunteers (unlimited purposes) index" means an index of
10 the DNA profiles obtained --
(a) under Part 4 Division 2 from volunteers;
(b) under Part 5 from victims and witnesses;
(c) under the corresponding laws of participating
jurisdictions from similar people; or
15 (d) under Part 4 Division 3, or under the corresponding
laws of participating jurisdictions, from deceased
people,
in respect of which there are no limits as to the forensic
purposes for which they may be used, together with the
20 personal details of the people whose DNA profiles they are.
77. DNA profiles lawfully obtained before commencement of
Part
A DNA profile of a person lawfully obtained for a forensic
purpose before the commencement of this Part and lawfully
25 retained may be put in the statistical index for statistical
purposes if the information put in the index does not include the
personal details of that person.
page 68
Criminal Investigation (Identifying People) Bill 2001
DNA databases Part 10
s. 78
78. Permitted comparisons with DNA database indexes
(1) A DNA profile, whether or not in a DNA database, must not be
compared with a DNA profile that is in a DNA database index if
the Table to this section does not permit the comparison.
5 (2) If the Table to this section permits a comparison "if within
limit", the comparison must not be made if the forensic
purposes for which the DNA profile may be used, as decided
under Part 4 Division 2 or Part 5, do not include the purpose for
which the comparison is sought to be made.
10 Table showing permissible comparisons
DNA profile Information in DNA database
to be A B C D E F G
compared Crime Suspects Volunteers Volunteers Offenders Missing Unknown
with scene index (limited (unlimited index persons deceased
information index purposes) purposes) index persons
in DNA index index index
database
1. From Yes Yes If within Yes Yes Yes Yes
crime limit
scene
2. Of Yes No No Yes Yes Yes Yes
suspect
3. Of If No No No If If If within
volunteer within within within limit
or limit limit limit
involved
person
(limited
purposes)
4. Of Yes No No No Yes Yes Yes
volunteer
or
involved
person
(unlimited
purposes)
5. Of Yes Yes No Yes Yes Yes Yes
offender
page 69
Criminal Investigation (Identifying People) Bill 2001
Part 10 DNA databases
s. 79
DNA profile Information in DNA database
to be A B C D E F G
compared Crime Suspects Volunteers Volunteers Offenders Missing Unknown
with scene index (limited (unlimited index persons deceased
information index purposes) purposes) index persons
in DNA index index index
database
6. Of Yes Yes If within Yes Yes Yes Yes
missing limit
person
7. Of See See s. 63 If within See s. 63 See s. 63 See See s. 63
unknown s. 63 limit s. 63
deceased
person
79. Duties of database managers
(1) In this section --
"database manager" means a person who has the control and
management of a DNA database.
5 (2) A database manager must ensure that the DNA database is used
only for the following purposes --
(a) to contain only the information that under this Act may
be put in the database together with any information that
is reasonably necessary to administer the database;
10 (b) to compare the information in the database with other
information, whether or not in the database, in
accordance with this Act;
(c) for the purposes of an arrangement entered into under
section 91(1).
15 80. Operators of DNA databases to be authorised
(1) The Minister, in writing, may authorise a person, to create,
keep, operate, control or manage a DNA database.
(2) The Minister may at any time cancel such an authorisation.
page 70
Criminal Investigation (Identifying People) Bill 2001
DNA databases Part 10
s. 80
(3) The Minister is not to authorise a police officer under
subsection (1).
(4) A person must not create, keep, operate, control or manage a
DNA database except with the written authority of the Minister.
5 Penalty: $250 000.
page 71
Criminal Investigation (Identifying People) Bill 2001
Part 11 Admissibility of evidence
s. 81
Part 11 -- Admissibility of evidence
81. Evidence of refusal of consent etc.
(1) Evidence that a person refused to or did not consent, or
withdrew consent, to an identifying procedure being done on the
5 person is not admissible in proceedings against the person
except --
(a) in proceedings against him or her for an offence alleged
to have been committed while the identifying procedure
was being done on him or her; or
10 (b) to establish or rebut an allegation that an officer
investigating the commission of an offence acted
contrary to law in doing the investigation.
(2) Evidence that a responsible person refused to or did not consent,
or withdrew consent, to an identifying procedure being done on
15 a protected person is not admissible in proceedings against the
responsible person, or the protected person, except --
(a) in proceedings against him or her for an offence alleged
to have been committed while the identifying procedure
was being done on the protected person; or
20 (b) to establish or rebut an allegation that an officer
investigating the commission of an offence acted
contrary to law in doing the investigation.
82. Evidence of conduct of procedure
Evidence of how an identifying procedure was done is
25 admissible in proceedings in court against a person --
(a) to establish or rebut an allegation that unreasonable
force was used to do the procedure;
(b) in connection with deciding the admissibility of a
confession or other evidence adverse to the person that
30 the person alleges was induced or obtained by the use of
unreasonable force; or
page 72
Criminal Investigation (Identifying People) Bill 2001
Admissibility of evidence Part 11
s. 83
(c) to establish or rebut an allegation that the procedure was
not done in accordance with this Act.
83. Evidence obtained illegally
(1) This section applies to the following evidence --
5 (a) anything taken (including a print, photograph, sample,
impression or record) in the course of an identifying
procedure; and
(b) any evidence derived from a thing referred to in
paragraph (a) or the procedure.
10 (2) This section does not apply to evidence to which section 84
applies.
(3) If --
(a) an identifying procedure is done on a person; and
(b) any requirement of this Act in relation to doing the
15 procedure, including a requirement that arises before or
after the actual procedure, is contravened,
evidence to which this section applies is not admissible in any
criminal proceedings against the person in a court unless --
(c) the person does not object to the admission of the
20 evidence;
(d) the court decides otherwise under section 86; or
(e) the court is of the opinion that the contravention arose
out of a mistaken but reasonable belief as to the age of a
child.
25 84. Evidence kept illegally
If under Part 9 identifying information must be destroyed at a
certain time, evidence of that information --
(a) is not admissible in a court after that time if it is adduced
by the prosecution against a person; but
30 (b) may be admitted if it is adduced by that person.
page 73
Criminal Investigation (Identifying People) Bill 2001
Part 11 Admissibility of evidence
s. 85
85. Evidence from illegal use of information
Any information obtained as a result of --
(a) identifying information being put in a DNA database
otherwise than in accordance with this Act; or
5 (b) identifying information being compared with other
identifying information, whether or not in a DNA
database, otherwise than in accordance with this Act,
is not admissible in criminal proceedings against a person in a
court unless the court decides otherwise under section 86.
10 86. Court may admit inadmissible evidence
(1) This section applies if under another section a court may make a
decision under this section in relation to evidence that is not
admissible in proceedings in the court.
(2) The court may decide to admit the evidence if it is satisfied that
15 the desirability of admitting the evidence outweighs the
undesirability of admitting the evidence.
(3) In making a decision under subsection (2) the court is to take
into account --
(a) any objection to the evidence being admitted by the
20 person against whom the evidence may be given;
(b) the seriousness of the offence in respect of which the
evidence is relevant;
(c) the seriousness of any contravention of this Act in
obtaining the evidence;
25 (d) whether any contravention of this Act in obtaining the
evidence was intentional or reckless;
(e) whether any contravention of this Act in obtaining the
evidence arose from an honest and reasonable mistake
of fact;
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Criminal Investigation (Identifying People) Bill 2001
Admissibility of evidence Part 11
s. 86
(f) the probative value of the evidence;
(g) any other matter the court thinks fit.
(4) The probative value of the evidence does not by itself justify its
admission.
page 75
Criminal Investigation (Identifying People) Bill 2001
Part 12 Enforcement elsewhere in Australia
s. 87
Part 12 -- Enforcement elsewhere in Australia
87. Definitions
In this Part --
"authorised officer", in relation to a participating jurisdiction,
5 means a person holding an office in that jurisdiction that is
prescribed under section 88;
"corresponding law" means a law prescribed under section 88
to be a corresponding law;
"forensic order" means an order or warrant, made or issued
10 under a corresponding law in respect of a person, that
authorises the examination of, and the obtaining of material
from, the person's body for forensic purposes;
"participating jurisdiction" means another State, a Territory
or the Commonwealth in which a corresponding law is in
15 force;
"Registrar" means a person prescribed under section 88 to be
the Registrar.
88. Prescribing corresponding laws etc.
The regulations may --
20 (a) prescribe a law of another State, a Territory or the
Commonwealth that relates to the examination of, and
the obtaining of material from, people's bodies for
forensic purposes to be a corresponding law for the
purposes of this Act;
25 (b) prescribe an office in a participating jurisdiction the
holder of which is an authorised officer for the purposes
of this Part;
(c) prescribe an office in this State, or in a participating
jurisdiction, the holder of which is the Registrar for the
30 purposes of this Part; and
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Criminal Investigation (Identifying People) Bill 2001
Enforcement elsewhere in Australia Part 12
s. 89
(d) prescribe any matters that are necessary or convenient to
be prescribed in relation to the registration and carrying
out of forensic orders.
89. Registration of forensic orders
5 (1) An authorised officer in a participating jurisdiction may request
the Registrar to register, for the purposes of this Part, a forensic
order that has been made under a corresponding law of that
jurisdiction.
(2) A request for the registration of a forensic order must be in
10 writing and be accompanied by a copy of the order, certified by
the person who issued it.
(3) The Registrar must accede to a request made under this section
for the registration of a forensic order if satisfied that the order
was made in accordance with the corresponding law concerned.
15 (4) On the request of an authorised officer in a participating
jurisdiction the Registrar may at any time cancel the registration
of a forensic order.
90. Forensic orders registered in WA may be executed in WA
(1) In this section --
20 "registered forensic order" means a forensic order that is
registered under section 89 for the purposes of this Part.
(2) A registered forensic order has effect in this State according to
its terms and, subject to this section, may be carried out
accordingly.
25 (3) A police officer may carry out a registered forensic order in this
State.
(4) If a registered forensic order authorises the carrying out of an
identifying procedure on a person, the procedure must be done
in accordance with Part 8.
page 77
Criminal Investigation (Identifying People) Bill 2001
Part 12 Enforcement elsewhere in Australia
s. 91
(5) If a registered forensic order authorises the carrying out of acts
on a person other than acts that may be done in the course of an
identifying procedure under this Act, the order must be carried
out in accordance with the corresponding law under which it
5 was made.
91. Arrangements for sharing information
(1) The Minister may, with a Minister of a participating jurisdiction
who is responsible for the administration of a corresponding
law, enter into arrangements under which --
10 (a) information from the DNA database of this State is
transmitted to the authorised officer of that jurisdiction;
(b) information from the DNA database of that jurisdiction
is transmitted to the Commissioner of Police;
(c) for the purposes of law enforcement in that jurisdiction,
15 law enforcement officers of that jurisdiction are entitled
to have access to identifying and other information,
whether or not in a forensic database, held by the WA
Police; or
(d) for the purposes of law enforcement in this State, law
20 enforcement officers in this State are permitted to have
access to identifying and other information, whether or
not in a forensic database, held by law enforcement
officers in that jurisdiction.
(2) Information that is transmitted under an arrangement made
25 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 time after this Act or a corresponding
law requires the information or the forensic material to which it
30 relates to be destroyed.
page 78
Criminal Investigation (Identifying People) Bill 2001
Miscellaneous Part 13
s. 92
Part 13 -- Miscellaneous
92. Legal protection for people acting under this Act
(1) This section does not apply to a person to whom section 137 of
the Police Act 1892 applies.
5 (2) In this section a reference to the doing of anything includes a
reference to an omission to do anything.
(3) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the exercise or purported
exercise of a power under this Act.
10 (4) The protection given by this section applies even though the
thing done as described in subsection (3) may have been
capable of being done whether or not this Act had been enacted.
93. Regulations
(1) The Governor may make regulations prescribing all matters that
15 are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may --
(a) provide for the procedure to be followed in and in
20 relation to doing an identifying procedure;
(b) create offences with statutory penalties not exceeding
$5 000.
94. Review of Act
(1) The Minister is to carry out a review of the operation and
25 effectiveness of this Act as soon as is practicable after the
expiry of 5 years from its commencement.
page 79
Criminal Investigation (Identifying People) Bill 2001
Part 13 Miscellaneous
s. 94
(2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared, is to cause the
report to be laid before each House of Parliament.
page 80
Criminal Investigation (Identifying People) Bill 2001
Temporary provisions Part 14
s. 95
Part 14 -- Temporary provisions
95. Identifying particulars may be taken from people in custody
and others (Schedule 1)
(1) Schedule 1 has effect.
5 (2) This section and Schedule 1 cease to have effect on the third
anniversary of the commencement of this section.
96. Consequential amendments (Schedule 2)
Schedule 2 has effect.
page 81
Criminal Investigation (Identifying People) Bill 2001
Schedule 1 Obtaining and using identifying particulars of people in custody
and others
Schedule 1 -- Obtaining and using identifying particulars
of people in custody and others
[s. 95]
1. Definitions
5 In this Schedule --
"identifying information", in relation to a person, means --
(a) any identifying particular obtained as a result of doing an
identifying procedure on the person;
(b) the personal details of the person obtained when the
10 identifying particular was obtained;
"identifying particular", in relation to a person, means --
(a) a print of the person's hands (including fingers), feet
(including toes) or ears;
(b) a photograph of the person (including of an identifying
15 feature of the person);
(c) the person's DNA profile;
"remand prisoner" means a person who has been charged with, but
not convicted of, a serious offence and who has been remanded
in custody by a court in relation to the offence;
20 "serious offender" means a person who has been found --
(a) guilty of a serious offence; or
(b) not guilty of a serious offence on account of unsoundness
of mind.
2. How identifying procedures are to be done
25 An identifying procedure that under this Schedule may be done on a
person, whether or not against the will of the person, must be done in
accordance with Part 8.
3. Request for prisoner on remand to undergo identifying procedure
(1) If a police officer reasonably suspects that any or all of a remand
30 prisoner's identifying particulars --
(a) are not or may not be held by the WA Police; or
page 82
Criminal Investigation (Identifying People) Bill 2001
Obtaining and using identifying particulars of people in custody Schedule 1
and others
(b) are or may be needed in order to verify the prisoner's identity
with identifying particulars already held by the WA Police,
the police officer may request the prisoner to consent to an identifying
procedure being done on the prisoner for the purpose of obtaining one
5 or more of the prisoner's identifying particulars.
(2) A police officer who requests a remand prisoner to consent to an
identifying procedure being done on the prisoner must at the time
inform the prisoner of these matters --
(a) the purpose of the procedure;
10 (b) how the procedure will be done;
(c) that information derived from the procedure may be
compared with or put in a forensic database;
(d) the circumstances in which destruction may be requested
under section 69;
15 (e) that the procedure may provide evidence that could be used in
a court against the prisoner;
(f) that if the prisoner does not consent or withdraws consent to
the procedure --
(i) the prisoner may be ordered to undergo the
20 procedure; and
(ii) the procedure may be done on the prisoner against the
prisoner's will if the prisoner does not obey the order.
4. Request for serious offender to undergo identifying procedure
(1) This clause applies to a serious offender who is --
25 (a) in custody in a detention centre (as defined in section 3 of the
Young Offenders Act 1994), whether or not serving a
sentence;
(b) subject to a supervised release order made under the Young
Offenders Act 1994;
30 (c) in custody in a prison (as defined in the Prisons Act 1981),
whether or not serving a sentence;
(d) subject to a community order made under the Sentencing Act
1995;
page 83
Criminal Investigation (Identifying People) Bill 2001
Schedule 1 Obtaining and using identifying particulars of people in custody
and others
(e) subject to an early release order made under the Sentence
Administration Act 1995 or the Sentence Administration
Act 1999; or
(f) subject to a custody order made under the Criminal Law
5 (Mentally Impaired Defendants) Act 1996.
(2) If a police officer reasonably suspects that any or all of a serious
offender's identifying particulars --
(a) are not or may not be held by the WA Police; or
(b) are or may be needed in order to verify the offender's identity
10 with identifying particulars already held by the WA Police,
the police officer may request the offender to consent to an
identifying procedure being done on the offender for the purpose of
obtaining one or more of the offender's identifying particulars.
(3) A police officer who requests a serious offender to consent to an
15 identifying procedure being done on the offender must at the time
inform the offender of these matters --
(a) the purpose of the procedure;
(b) how the procedure will be done;
(c) that information derived from the procedure may be
20 compared with or put in a forensic database;
(d) the circumstances in which destruction may be requested
under section 69;
(e) that the procedure may provide evidence that could be used in
a court against the offender;
25 (f) that if the offender does not consent or withdraws consent to
the procedure --
(i) the offender may be ordered to undergo the
procedure; and
(ii) the procedure may be done on the offender against
30 the offender's will if the offender does not obey the
order.
page 84
Criminal Investigation (Identifying People) Bill 2001
Obtaining and using identifying particulars of people in custody Schedule 1
and others
5. Request and giving of information to be recorded
(1) A police officer who makes a request under clause 3 or 4 must ensure
that a record is made of the request, of the information given under
the clause and of the remand prisoner's or serious offender's
5 responses (if any).
(2) The record must be an audiovisual record or in writing.
6. When identifying procedure may be done
(1) If --
(a) under clause 3 a request is made to a remand prisoner or
10 under clause 4 to a serious offender;
(b) the prisoner or offender is informed in accordance with
clause 3 or 4, as the case requires; and
(c) the prisoner or offender consents to the identifying procedure
being done,
15 then the identifying procedure may be done on the prisoner or
offender, as the case requires.
(2) If --
(a) under clause 3 a request is made to a remand prisoner or
under clause 4 to a serious offender;
20 (b) the prisoner or offender is informed in accordance with
clause 3 or 4, as the case requires; and
(c) the prisoner or offender does not consent or withdraws
consent to the identifying procedure,
the police officer may order the prisoner or offender, as the case
25 requires, to undergo the procedure.
(3) If a remand prisoner does not obey an order made under
subclause (2), a police officer may do the identifying procedure on the
prisoner against the prisoner's will.
page 85
Criminal Investigation (Identifying People) Bill 2001
Schedule 1 Obtaining and using identifying particulars of people in custody
and others
(4) If a serious offender does not obey an order made under subclause (2),
a police officer may --
(a) if the offender is not in custody -- without a warrant arrest
and detain the offender for a reasonable time in order to do
5 the identifying procedure; and
(b) do the identifying procedure on the offender against the
offender's will.
(5) Identifying information of a remand prisoner or serious offender --
(a) may be compared with other information, whether or not in a
10 forensic database, as soon as it is obtained, but, if it is a DNA
profile, may only be compared with information in a DNA
database in accordance with section 78;
(b) may be put in a forensic database as soon as it is obtained;
and
15 (c) must be destroyed if --
(i) in the case of a remand prisoner -- the charge, or all
charges if there are more than one, in respect of
which the prisoner was remanded in custody are
finalised without a finding of guilt and destruction is
20 requested under section 69 by or on behalf of the
prisoner; or
(ii) in the case of a serious offender -- the serious
offender ceases to be a serious offender and
destruction is requested under section 69 by or on
25 behalf of the offender.
7. Department of Justice CEO to assist WA Police
(1) In order to facilitate the exercise of the powers in this Schedule, the
chief executive officer of the appropriate department --
(a) is to provide the Commissioner of Police with such
30 information as the Commissioner reasonably needs;
(b) is to permit police officers to have reasonable access to
detention centres, prisons, community corrections centres and
other places under the control and management of that
department; and
35 (c) is to provide reasonable assistance to police officers.
page 86
Criminal Investigation (Identifying People) Bill 2001
Obtaining and using identifying particulars of people in custody Schedule 1
and others
(2) In subclause (1) --
"appropriate department" means, as the case requires --
(a) the department principally assisting the Minister who
administers the Young Offenders Act 1994; or
5 (b) the department principally assisting the Minister who
administers the Prisons Act 1981.
8. Destroying identifying information
Sections 69, 70, 71 and 72, with any necessary changes, apply to and
in respect of identifying information obtained under this Schedule.
page 87
Criminal Investigation (Identifying People) Bill 2001
Schedule 2 Consequential amendments
Schedule 2 -- Consequential amendments
[s. 96]
1. Bail Act 1982
Section 12 is amended by deleting "and section 50AA of the Police
5 Act 1892." and inserting instead --
"
, section 50AA of the Police Act 1892 and Parts 6 and
7 of the Criminal Investigation (Identifying People)
Act 2001.
10 ".
2. Conservation and Land Management Act 1984
(1) Section 124(1)(c) is deleted.
(2) Section 124(2) is repealed and the following subsection is inserted
instead --
15 "
(2) The offices of ranger and conservation and land
management officer are each prescribed to be public
officers for the purposes of the Criminal Investigation
(Identifying People) Act 2001 and as such may exercise
20 the powers in Part 3 of that Act.
".
(3) Section 124(3) is repealed.
3. The Criminal Code
Section 236 of The Criminal Code is amended as follows:
25 (a) in the third paragraph, by deleting "of the person's blood, hair
(from any part of the body), nails or saliva, or";
(b) in the third paragraph, by deleting "or obtainable by a buccal
swab,";
page 88
Criminal Investigation (Identifying People) Bill 2001
Consequential amendments Schedule 2
(c) after the last paragraph, by inserting the following
paragraph --
"
This section does not authorise the taking of an
5 identifying particular (within the meaning of
section 34 of the Criminal Investigation
(Identifying People) Act 2001) and does not
apply to such an identifying particular taken
under that Act.
10 ".
4. Parks and Reserves Act 1895
(1) Section 7A(1) is amended as follows:
(a) after paragraph (b), by inserting --
" and ";
15 (b) after paragraph (c), by deleting "; and" and inserting a comma
instead;
(c) by deleting paragraph (d).
(2) After section 7A(1) the following subsection is inserted --
"
20 (1a) The offices of member of the Board and ranger
appointed under section 7 are each prescribed to be
public officers for the purposes of the Criminal
Investigation (Identifying People) Act 2001 and as such
may exercise the powers in Part 3 of that Act.
25 ".
5. Police Act 1892
(1) Section 50 is repealed.
page 89
Criminal Investigation (Identifying People) Bill 2001
Schedule 2 Consequential amendments
(2) Section 50AA(1) is amended after "summary conviction," by
inserting --
"
other than an offence that is a serious offence within
5 the meaning of the Criminal Investigation (Identifying
People) Act 2001,
".
6. Waterways Conservation Act 1976
(1) Section 63(7) is amended as follows:
10 (a) after paragraph (b), by inserting --
" and ";
(b) after paragraph (c), by deleting "; and" and inserting a comma
instead;
(c) by deleting paragraph (d).
15 (2) After section 63(7) the following subsection is inserted --
"
(7a) The offices referred to in subsection (1) are each
prescribed to be public officers for the purposes of the
Criminal Investigation (Identifying People) Act 2001
20 and as such may exercise the powers in Part 3 of that
Act.
".
7. Wildlife Conservation Act 1950
(1) Before section 20(2) the following subsection is inserted --
25 "
(1) The office of wildlife officer is prescribed to be a
public officer for the purposes of the Criminal
Investigation (Identifying People) Act 2001 and as such
may exercise the powers in Part 3 of that Act.
30 ".
page 90
Criminal Investigation (Identifying People) Bill 2001
Consequential amendments Schedule 2
(2) Section 20(2) is amended as follows:
(a) after paragraph (b), by deleting the semicolon and inserting a
full stop instead;
(b) by deleting paragraph (c).
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