Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
commencement day means the day on which the
Criminal Investigation (Identifying People) Amendment Act 2013
section 28 comes into operation 2 ;
crime scene index means an index of DNA profiles
derived from material obtained from —
(a) a
place (whether within or outside Australia) where an offence was, or is
reasonably suspected to have been, committed; or
(b) a
place (whether within or outside Australia) where evidence associated with,
relevant to, or of assistance in investigating, an offence was situated; or
(c) on
or in the body of a person who was involved when an offence was committed,
whether as a suspect for, or as a victim of, or as a witness to, the offence;
or
(d) on
or in anything worn or carried by a person referred to in paragraph (c)
at the time of the offence; or
(e)
anything in respect of which an offence was committed or that was used in
committing, or in connection with committing, an offence,
together with information about when and where the
material was obtained, but does not include the DNA profile of a person
reasonably suspected to have committed the offence, if the profile was
obtained from that person;
former section 76 means section 76 of
the Act as in effect immediately before commencement day;
missing persons index means an index of DNA
profiles derived from material that relates to, or that may relate to, a
missing person, together with information about when and where the material
was obtained;
offence means —
(a) an
offence under the law of this State, another State, a Territory or the
Commonwealth; or
(b) an
offence under the law of a jurisdiction outside Australia the elements of
which, if they had occurred in Australia, would have constituted an offence
referred to in paragraph (a);
offenders index means an index of the DNA profiles
obtained —
(a)
under Part 6 or 7 of the Act from suspects, if the profiles were,
immediately before commencement day, lawfully in the offenders index (as
defined in former section 76); or
(b)
under Part 8A of the Act, or the former Schedule 1 clause 6 (as
defined in section 68A(1) of the Act), from serious offenders; or
(c)
under the corresponding law of a participating jurisdiction from people who
have been convicted of an offence under the law of that jurisdiction,
together with the personal details of the people
whose profiles they are;
suspects index means an index of the DNA profiles
obtained —
(a)
under Part 6 or 7 of the Act from suspects; or
(b)
under the former Schedule 1 clause 6 (as defined in
section 68A(1) of the Act) from remand prisoners; or
(c)
under the corresponding law of a participating jurisdiction from people who
are suspected of having committed an offence under the law of that
jurisdiction,
together with the personal details of the people
whose profiles they are;
unknown deceased persons index means an index of
the DNA profiles derived —
(a) from
material obtained from deceased people whose personal details are unknown; or
(b) from
material that relates, or may relate, to deceased people whose personal
details are unknown,
together with information about when and where the
material was obtained;
volunteers (limited purposes) index means an index
of the DNA profiles obtained —
(a)
under Part 4 Division 2 of the Act from volunteers; or
(b)
under Part 5 of the Act from victims and witnesses; or
(c)
under the corresponding law of a participating jurisdiction from people
similar to those referred to in paragraphs (a) and (b); or
(d)
under Part 4 Division 3 of the Act, or under the corresponding law
of a participating jurisdiction, from deceased 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 the DNA profiles obtained —
(a)
under Part 4 Division 2 of the Act from volunteers; or
(b)
under Part 5 of the Act from victims and witnesses; or
(c)
under the corresponding law of a participating jurisdiction from people
similar to those referred to in paragraphs (a) and (b); or
(d)
under Part 4 Division 3 of the Act, or under the corresponding law
of a participating jurisdiction, 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 personal
details of the people whose DNA profiles they are.
(2) For the purposes
of paragraph (c) of the definition of DNA database in section 76 of
the Act, the following indexes are prescribed —
(a) a
crime scene index;
(b) a
missing persons index;
(c) an
offenders index;
(d) a
suspects index;
(e) an
unknown deceased persons index;
(f) a
volunteers (limited purposes) index;
(g) a
volunteers (unlimited purposes) index.
[Regulation 5B inserted: Gazette
15 Apr 2014 p. 1057-9.]