Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 23XIB — Suspect must be cautioned before forensic procedure starts
Before anyone starts to carry out a forensic procedure on a suspect, a constable must caution the suspect that he or she does not have to say anything while the procedure is carried out but that…
Section 23XWB — Forensic procedures to which Division applies
Intimate forensic procedure to which Division applies (1) This Division applies to an intimate forensic procedure that is the taking of a sample of blood (other than by a finger prick). Non-intimate…
Section 23XWOB — Securing the presence of offender at hearing—offender not in custody
(1) If: (a) an application is made under section 23XWO to a judge or magistrate for an order for the carrying out of a forensic procedure on an offender; and (b) the offender is neither in custody…
Section 23YB — Obstructing the carrying out of forensic procedure
(1) This section applies where a constable or magistrate has ordered the carrying out of a forensic procedure on a suspect under this Part. (2) Subject to subsections (3) and (4), evidence that the…
Section 23YBB — Application
This Division does not apply to forensic evidence provided in response to a request by a foreign country, an international tribunal or a foreign law enforcement agency.
Section 23YDAB — Destruction of forensic material where related evidence is inadmissible
If a magistrate finds that evidence described in subsection 23XX(3) relating to a forensic procedure is inadmissible under section 23XX, the Commissioner must, as soon as practicable, ensure that any…
Section 23YQB — Providing evidence and material resulting from the forensic procedure
(1) Any forensic evidence resulting from the forensic procedure must be provided to the requesting entity in accordance with a direction described in subsection (3). (2) Material (or a copy) relating…
Section 23YUB — Registration of orders
(1) The Minister may enter into arrangements with the responsible Ministers of the participating jurisdictions for the establishment and maintenance, in one or more of those jurisdictions, of a…
Section 23ZB — Forfeiture of material by operation of law
Application (1) This section applies if a constable reasonably believes that the forfeitable thing is derived from, or was used in connection with, the commission of a Commonwealth child sex offence.…
Section 23C — Period of investigation if arrested for a non-terrorism offence
(1) If a person is arrested for a Commonwealth offence (other than a terrorism offence), the following provisions apply. Note: A person would not be arrested for a Commonwealth offence if, for…
Section 23DC — Time during which suspension or delay of questioning may be disregarded—application
(1) This section applies if: (a) a person is arrested for a terrorism offence; and (b) an investigation is being conducted into whether the person committed that terrorism offence or another…
Section 23WC — How forensic procedures may be authorised in different circumstances
The following table shows the circumstances in which a forensic procedure may be carried out on a suspect, and shows the provisions that authorise the carrying out of the procedure. Authority for…
Section 23XC — Procedure at hearing of application for interim order
(1) If the application is made in person, or by telephone or radio or other form of oral communication, the magistrate must ensure that: (a) the suspect; and (b) the suspect’s legal representative,…
Section 23XGC — Arrest of suspect not in custody
(1) If the suspect is not in custody, the magistrate may, on the application of a constable, issue a warrant for the arrest of the suspect for the purpose of carrying out the forensic procedure. (2)…
Section 23XWC — Non-intimate forensic procedures authorised to be carried out on offenders
(1) A person is authorised to carry out a non-intimate forensic procedure to which this Division applies on a person (other than a child or an incapable person) who is a serious offender: (a) with…
Section 23YC — Destruction of forensic material where interim order disallowed
(1) If an interim order for the carrying out of a forensic procedure made under section 23XA is disallowed after the forensic procedure is carried out, the investigating constable must ensure that:…
Section 23YDAC — Definitions
(1) In this Part: Commonwealth agency means: (a) the Commonwealth; or (b) an authority of the Commonwealth. Commonwealth DNA database system means a database (whether in computerised or other form…
Section 23YQC — Application of Subdivision
This Subdivision applies if a request is made by a foreign law enforcement agency that a forensic procedure be carried out on: (a) a suspect in relation to a foreign serious offence who has given…
Section 23YUC — Carrying out of registered orders
(1) A person is authorised to carry out an intimate forensic procedure authorised by an order under this Part that is registered in accordance with an arrangement referred to in subsection 23YUB(1)…
Section 23ZC — Providing copies of innocuous parts of material to be forfeited
(1) This section applies if: (a) the forfeitable thing is identified in a forfeiture notice given by a constable; and (b) less than 30 days after the notice is given, a person who was given the…
Section 23D — Application may be made for extension of investigation period
(1) If a person is arrested for a serious Commonwealth offence (other than a terrorism offence), an investigating official may, at or before the end of the investigation period, apply to a magistrate…
Section 23DD — Time during which suspension or delay of questioning may be disregarded—time specified by magistrate
(1) This section applies if: (a) a person is arrested for a terrorism offence; and (b) an application has been made under subsection 23DC(2) to a magistrate in respect of the person. Specification of…
Section 23WD — Forensic procedure may be carried out with informed consent of suspect
(1) A person is authorised to carry out a forensic procedure on a suspect with the informed consent of the suspect. The person is authorised to carry out the procedure in accordance with Division 6…
Section 23XD — Making of interim order
(1) A magistrate who makes an interim order must inform the applicant for the order personally, or by telephone, radio, telex, fax or other means of transmission: (a) that the order has been made;…
Section 23XGD — Time for carrying out forensic procedure—suspect in custody
(1) If the suspect is in custody (whether or not as the result of the issue of a warrant under section 23XGC), he or she may be detained in custody for such period (the detention period) as is…
Section 23XWD — Intimate forensic procedures authorised to be carried out on serious offenders
A person is authorised to carry out an intimate forensic procedure to which this Division applies on a person (other than a child or incapable person) who is a serious offender: (a) with the informed…
Section 23YD — Destruction of forensic material after 12 months
(1) This section applies where forensic material has been taken from a suspect by a forensic procedure carried out under this Part (except Divisions 6A and 6B). (2) If: (a) a period of 12 months has…
Section 23YDAD — Supply of forensic material for purposes of DNA database
(1) A person commits an offence if: (a) the person engages in conduct; and (b) the person’s conduct results in the forensic material taken from any person, and which is required to be destroyed,…
Section 23YQD — Providing forensic material etc. to a foreign law enforcement agency
(1) The Commissioner may provide forensic evidence to a foreign law enforcement agency if the Commissioner is satisfied that: (a) the foreign law enforcement agency has given appropriate undertakings…
Section 23YUD — Database information
(1) The Minister may, on behalf of the Commonwealth, enter into arrangements with a responsible Minister of a participating jurisdiction under which: (a) information from the Commonwealth DNA…
Section 23ZD — Forfeiture of material by court order on application
Court to order forfeiture on application if offence committed (1) If, on application by the Director of Public Prosecutions to a court of a State or Territory, the court is satisfied that a…
Section 23DE — Application may be made for extension of investigation period
(1) If a person is arrested for a terrorism offence, an investigating official (within the meaning of paragraph (a) or (b) of the definition of that expression) may, at or before the end of the…
Section 23E — Evidentiary provisions if application made by electronic means
(1) This section applies if a magistrate has, under paragraph 23DA(5)(b), 23DD(5)(b) or 23DF(5)(b), informed an investigating official of matters included in an instrument. (2) As soon as practicable…
Section 23WE — People who cannot consent to forensic procedures
(1) A child cannot consent to a forensic procedure. (2) An incapable person cannot consent to a forensic procedure.
Section 23XE — Records of application and interim order
(1) The applicant for an interim order must, at the time of, or as soon as practicable after, applying for the interim order, make a record (the applicant’s record) of: (a) the application; and (b)…
Section 23XWE — Application of Division 6
(1) Division 6 applies in relation to the carrying out under this Division of a forensic procedure on an offender. For this purpose: (a) references in Division 6 to the suspect are taken to be…
Section 23YDAE — Use of information on Commonwealth DNA database system or NCIDD
(1) A person commits an offence if the person accesses information stored on the Commonwealth DNA database system or NCIDD otherwise than in accordance with this section. Penalty: Imprisonment for 2…
Section 23YE — Powers etc. of legal representatives and interview friends
(1) A request or objection that may be made by a suspect or offender under this Part may be made on the suspect’s or offender’s behalf by: (a) in any case—the suspect’s or offender’s legal…
Section 23YQE — Part does not apply to persons under 10
This Part does not authorise the carrying out of a forensic procedure on a person who is under 10 years of age.
Section 23YUE — Definitions
In this Division: incident includes a series of incidents. permitted purpose means either or both of the following: (a) the purpose of identifying an unidentified person who died in or as a result of…
Section 23ZE — Effect of forfeiture under this Part
(1) This section applies if a thing is forfeited to the Commonwealth under this Part. (2) When the thing is forfeited it becomes the property of the Commonwealth. (3) A constable may, without…
Section 23DF — Magistrate may extend investigation period
(1) This section applies if: (a) a person is arrested for a terrorism offence; and (b) an application has been made under subsection 23DE(1) to a magistrate in respect of the person. Extension of…
Section 23F — Cautioning persons who are under arrest or protected suspects
(1) Subject to subsection (3), if a person is under arrest or a protected suspect, an investigating official must, before starting to question the person, caution the person that he or she does not…
Section 23WF — Informed consent to forensic procedures—general
(1) This section applies where: (a) a constable intends to ask a suspect to consent to a forensic procedure; and (b) the constable does not believe on reasonable grounds that the suspect is an…
Section 23XF — Suspect may be prevented from destroying or contaminating evidence
(1) A constable may, while waiting for the application seeking an interim order to be determined, use reasonable force to prevent the suspect destroying or contaminating any evidence that might be…
Section 23XWF — Scope of authorisation
(1) A person is not authorised to carry out a forensic procedure under this Division on a serious offender or a prescribed offender if the serious offender or prescribed offender is a suspect or a…
Section 23YDAF — Permissible matching of DNA profiles
(1) A matching of a DNA profile on an index of the Commonwealth DNA database system specified in column 1 of the following table with a DNA profile on another index of the system specified in column…
Section 23YF — Obligation of investigating constables relating to tape recordings
(1) If a tape recording is made as required by a provision of this Part, the investigating constable must ensure that: (a) if an audio recording only or a video recording only is made—the recording,…
Section 23YUF — Application of this Division
(1) This Division applies in relation to the following incidents: (a) the bombings that occurred in Bali, Indonesia on 12 October 2002 (local time); (b) any incident that the Minister, by legislative…
Section 23ZF — Compensation for forfeiture of electronic equipment etc.
(1) This section applies to a person if: (a) a thing that is a computer, data storage device or other electronic equipment is forfeited under this Part; and (b) the person owned, had a right to…