Crimes Act 1914

Division 1—Explanation of expressions used

23WA Definitions

23WB Interview friends

Division 2—Authority and time limits for forensic procedures on suspects: summary of rules

23WC How forensic procedures may be authorised in different circumstances

23WCA Time limits for carrying out forensic procedures

Division 3—Forensic procedures on suspect by consent

23WD Forensic procedure may be carried out with informed consent of suspect

23WE People who cannot consent to forensic procedures

23WF Informed consent to forensic procedures—general

23WG Informed consent to forensic procedures—Aboriginal persons and Torres Strait Islanders

23WH Constable may request suspect to consent to forensic procedure

23WI Matters to be considered by constable before requesting consent to forensic procedure

23WJ Matters that suspect must be informed of before giving consent

23WK Withdrawal of consent

23WL Recording of giving of information and suspect’s responses

23WLA Time for carrying out forensic procedure—suspect not in custody

Division 4—Non intimate forensic procedures on suspect by order of senior police officer

23WM Non intimate forensic procedure may be carried out by order of senior police officer

23WN Circumstances in which senior police officer may order non intimate forensic procedures

23WO Matters to be considered by senior police officer before ordering forensic procedure

23WP Record of senior police officer’s order

Division 5—Forensic procedures on suspect by order of a magistrate

Subdivision A—General

23WQ Forensic procedure may be carried out by order of magistrate

23WR Circumstances in which magistrate may order forensic procedure

Subdivision B—Final orders

23WS Final order for carrying out of forensic procedure

23WT Matters to be considered by magistrate before ordering forensic procedure

23WU Application for order

23WV Securing the presence of suspect at hearing—suspect in custody

23WW Securing the presence of suspect at hearing—suspect not in custody

23WX Procedure at hearing of application for order

23WY Making of order

Subdivision C—Interim orders

23XA Interim order for carrying out of a forensic procedure

23XB Application for interim order

23XC Procedure at hearing of application for interim order

23XD Making of interim order

23XE Records of application and interim order

23XF Suspect may be prevented from destroying or contaminating evidence

23XG Results of forensic procedure carried out under interim order

Subdivision D—Time limits for forensic procedures ordered by magistrates

23XGA Application

23XGB Time for carrying out forensic procedure—suspect not in custody

23XGC Arrest of suspect not in custody

23XGD Time for carrying out forensic procedure—suspect in custody

Subdivision E—Reports of proceedings under Division

23XH Restrictions on publication

Division 6—Carrying out forensic procedures on suspects

Subdivision A—General provisions

23XI General rules for carrying out forensic procedures

23XIA No questioning during forensic procedure

23XIB Suspect must be cautioned before forensic procedure starts

23XJ Use of force in carrying out forensic procedures

23XK Forensic procedures not to be carried out in cruel, inhuman or degrading manner

23XL Taking of hair samples

Subdivision B—Persons involved in forensic procedures

23XM Persons who may carry out forensic procedures

Subdivision C—Further provisions about who may carry out forensic procedures

23XN Certain forensic procedures generally to be carried out by person of same sex as suspect

23XO Person may get help to carry out forensic procedures

Subdivision D—Presence of other people while forensic procedure is carried out

23XP Medical practitioner or dentist of suspect’s choice may be present for intimate forensic procedures

23XQ Presence of interview friend or legal representative—children and incapable persons

23XR Presence of interview friend or legal representative—Aboriginal persons and Torres Strait Islanders

23XS Presence of constables

23XSA Presence of prison officers

Subdivision E—Recording of forensic procedure

23XT Recording of forensic procedure

Subdivision F—Procedure after forensic procedure is carried out

23XU Samples—sufficient material to share

23XUA Samples—insufficient material to share

23XV Photographs

23XW Results of analysis

23XWA Preventing the carrying out of forensic procedure

Division 6A—Carrying out of certain forensic procedures after conviction of serious and prescribed offenders

23XWB Forensic procedures to which Division applies

23XWC Non intimate forensic procedures authorised to be carried out on offenders

23XWD Intimate forensic procedures authorised to be carried out on serious offenders

23XWE Application of Division 6

23XWF Scope of authorisation

23XWG Informed consent to forensic procedures

23XWH Constable may request offender to consent to forensic procedure

23XWI Matters to be considered by constable before requesting consent to forensic procedure

23XWJ Matters that offender must be informed of before giving consent

23XWK Circumstances in which constable may order non intimate forensic procedure

23XWL Matters to be considered by constable

23XWM Recording of giving of information and consent

23XWN Record of constable’s order

23XWNA Circumstances in which judge or magistrate may order forensic procedure

23XWO Judge or magistrate order for carrying out forensic procedure on offender

23XWOA Securing the presence of offender at hearing—offender in custody

23XWOB Securing the presence of offender at hearing—offender not in custody

23XWP Carrying out forensic procedure following conviction

Division 6B—Carrying out of forensic procedures on volunteers and certain other persons

23XWQ Carrying out of forensic procedures on volunteers

23XWR Informed consent of volunteer or parent or guardian of volunteer

23XWS Recording of giving of information and consent

23XWT Withdrawal of consent

23XWU Circumstances in which magistrate may order the carrying out of forensic procedure on a child or incapable person

23XWV Retention of forensic material by order of a magistrate after volunteer, parent or guardian of child or incapable person withdraws consent

Division 7—Admissibility of evidence

Subdivision A—Forensic evidence

23XX Inadmissibility of evidence from improper forensic procedures etc.

23XY Inadmissibility of evidence where forensic material required to be destroyed

Subdivision B—Other evidence

23XZ Admissibility of evidence relating to consent to forensic procedure

23YA Admissibility of evidence relating to carrying out of forensic procedure

23YB Obstructing the carrying out of forensic procedure

Subdivision C—Application

23YBA Division does not apply to a proceeding in a foreign country or an international tribunal

Division 8—Destruction of forensic material

23YBB Application

23YC Destruction of forensic material where interim order disallowed

23YD Destruction of forensic material after 12 months

23YDAA Destruction of forensic material taken from offender after conviction quashed

23YDAB Destruction of forensic material where related evidence is inadmissible

Division 8A—Commonwealth and State/Territory DNA database systems

23YDAC Definitions

23YDACA Integration of Commonwealth DNA database system and State/Territory DNA database systems

23YDAD Supply of forensic material for purposes of DNA database

23YDAE Use of information on Commonwealth DNA database system or NCIDD

23YDAF Permissible matching of DNA profiles

23YDAG Recording, retention and removal of identifying information on Commonwealth DNA database system

Division 9—General provisions relating to operation of this Part

23YDA Interpreters

23YE Powers etc. of legal representatives and interview friends

23YF Obligation of investigating constables relating to tape recordings

23YG Material required to be made available to suspect, offender or volunteer

23YH No charge to be made for giving material etc. to suspects, offenders and volunteers

23YI Proof of belief or suspicion

23YJ Proof of impracticability

23YJA Proof that time should be disregarded

23YK Proof of voluntary waiver of certain rights

23YKA Application of sections 23YI to 23YK

23YL Liability for forensic procedures

23YM Experts not obliged to carry out forensic procedures

23YN Retention of electronic recordings

23YO Disclosure of information

23YP Taking, retention and use of forensic material

23YPA Analysis of forensic material

23YQ Commissioner may delegate functions and powers

Division 9A—Carrying out forensic procedures at the request of a foreign country or international tribunal

Subdivision A—Requests by foreign countries or international tribunals

23YQA Application of Subdivision

23YQB Providing evidence and material resulting from the forensic procedure

Subdivision B—Requests by a foreign law enforcement agency

23YQC Application of Subdivision

23YQD Providing forensic material etc. to a foreign law enforcement agency

Division 10—Operation of this Part and effect on other laws

23YQE Part does not apply to persons under 10

23YR Relationship with Part IAA

23YS Relationship with Part IC

23YU Application of other laws

Division 11—Interjurisdictional enforcement

23YUA Definitions

23YUB Registration of orders

23YUC Carrying out of registered orders

23YUD Database information

23YUDA Arrangements with prisons or other places of detention

Division 11A—Operation of this Part in relation to certain incidents

23YUE Definitions

23YUF Application of this Division

23YUG Use of information on DNA database systems

23YUH Permissible matching of DNA profiles

23YUI Disclosure of information

23YUJ This Division does not restrict operation of this Part

Division 11B—Concurrent operation of State and Territory laws

23YUL Concurrent operation of State and Territory laws

System updates

Legislation text