{"id":"sr:crimes-dna-database-regulations-2022","name":"Crimes (DNA Database) Regulations 2022","slug":"crimes-dna-database-regulations-2022","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181547,"registerId":"vic-sr:crimes-dna-database-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (DNA Database) Regulations 2022","content":"Version No. 001\n\n**Crimes (DNA Database) Regulations 2022**\n\n**S.R. No. 110/2022**\n\nVersion as at  \n19 November 2022\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Corresponding laws 1\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Explanatory details 6\n\n**Version No.** **001**\n\n**Crimes (DNA Database) Regulations 2022**\n\n**S.R. No. 110/2022**\n\nVersion as at  \n19 November 2022\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe laws of the Commonwealth and other States and Territories relating to the carrying out of forensic procedures and DNA databases that are to be corresponding laws for the purposes of the definition of ***corresponding law*** in section 464 of the **Crimes Act 1958**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 464ZJ of the **Crimes Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 19 November 2022.\n\n\t4 Revocation\n\nThe Crimes (DNA Database) Regulations 2012[[1]](#endnote-1) are **revoked**.\n\n\t5 Corresponding laws\n\nFor the purposes of the definition of ***corresponding law*** in section 464(2) of the **Crimes Act 1958**, the following laws are prescribed—\n\n(a) Part 1D of the Crimes Act 1914 of the Commonwealth;\n\n(b) the Crimes (Forensic Procedures) Act 2000 of New South Wales;\n\n(c) the Forensic Procedures Act 2000 of Tasmania;\n\n(d) the Criminal Investigation (Identifying People) Act 2002 of Western Australia;\n\n(e) the Criminal Investigation Act 2006 of Western Australia;\n\n(f) the Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory;\n\n(g) Chapter 17 of the Police Powers and Responsibilities Act 2000 of Queensland;\n\n(h) the Criminal Law (Forensic Procedures) Act 2007 of South Australia;\n\n(i) Division 7 of Part VII of the Police Administration Act 1978 of the Northern Territory;\n\n(j) Division 2 of Part 1, Division 3 of Part 2 and section 159 of the Youth Justice Act 2005 of the Northern Territory;\n\n(k) sections 52 and 199 of the Correctional Services Act 2014 of the Northern Territory.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nThe Crimes (DNA Database) Regulations 2022, S.R. No. 110/2022 were made on 11 October 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 464ZJ of the **Crimes Act 1958**, No. 6231/1958 and came into operation on 19 November 2022: regulation 3.\n\nThe Crimes (DNA Database) Regulations 2022 will sunset 10 years after the day of making on 11 October 2032 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Crimes (DNA Database) Regulations 2022 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 127/2012. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It is a straightforward update of the 2012 Regulations, expanding the list of corresponding laws to include additional Northern Territory legislation (Correctional Services Act 2014 provisions) that was not in the 2012 version. The scope remains limited to prescribing corresponding laws for interstate DNA database cooperation, with no expansion into substantive forensic procedures, privacy protections, or operational matters."},"complexity_factors":["Extremely short — only 5 regulations, with the substantive content contained entirely in Regulation 5","Single operative provision (Regulation 5) consisting of a straightforward list of 11 items","No defined terms within the regulations themselves — relies entirely on definitions in the parent Act (Crimes Act 1958)","No conditional logic, exceptions, or nested provisions","No cross-references between provisions within the instrument","Simple declaratory structure: \"the following laws are prescribed\"","Minimal legislative machinery — only objective, authorisation, commencement, revocation, and the operative list"],"plain_english_summary":"**What this does:**\n\nThese regulations are essentially a **list-maker** for Victorian law. They tell everyone which other Australian laws count as \"corresponding laws\" when it comes to DNA databases and forensic procedures (things like taking DNA samples from suspects or convicted criminals).\n\n**Why this matters:**\n\nVictoria has its own rules about DNA databases in the *Crimes Act 1958*. But criminals and investigations don't stop at state borders. These regulations ensure Victoria can **share and compare DNA information** with the Commonwealth (federal) government and every other state and territory — New South Wales, Queensland, Western Australia, South Australia, Tasmania, the ACT, and the Northern Territory.\n\nWithout this list, Victorian police might not legally be able to check if a DNA sample matches someone from another jurisdiction, or share Victorian DNA data to help solve crimes elsewhere.\n\n**Who it affects:**\n\n* **Police and forensic services** — they can legally exchange DNA data across borders\n* **Courts** — they can rely on DNA evidence gathered under other states' laws\n* **People in the criminal justice system** — their DNA information may be shared between jurisdictions according to these rules\n\n**The bottom line:**\n\nThis is a **machinery provision** — it doesn't create new crimes or new powers. It just updates the paperwork so Victorian DNA databases can talk to everyone else's databases. It replaces the 2012 version (which was getting outdated) and adds some newer Northern Territory laws that weren't in the old list."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"On its face the instrument replaces the 2012 Regulations and updates the list of laws that count as corresponding laws (Reg 4; Reg 5) but does not introduce new powers or expand the kinds of measures covered beyond prescribing which forensic- and DNA-related statutes are to be treated as corresponding laws under s.464 of the Crimes Act 1958 (Reg 1)."},"complexity_factors":["Relies on cross-references to the Crimes Act 1958 (definition of \"corresponding law\" in s.464) which requires reading both instruments together (Reg 1; Reg 5).","Prescribes a list of multiple Commonwealth, state and territory Acts across jurisdictions, creating interpretive work to reconcile differing domestic provisions (Reg 5).","Revokes the previous 2012 regulations, so implementers must compare old and new lists to identify changes (Reg 4).","Commencement and temporal limits require administrative tracking (commences 19 Nov 2022; sunset 10 years after making noted in endnotes).","Operational impact concentrated on law enforcement, forensic laboratories and corrective/youth justice agencies that must apply cross-jurisdictional recognition, creating modest compliance and coordination burdens."],"plain_english_summary":"The Regulations update which Commonwealth and state and territory laws are treated as “corresponding laws” for the purposes of section 464 of the Crimes Act 1958, governing forensic procedures and DNA databases. They replace the 2012 regulations, commence on 19 November 2022 and list the specific Acts that will be recognised across jurisdictions, affecting police, correctional and forensic agencies and people who may be subjected to forensic procedures."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope changed from the original intent. The document as supplied contains only version history and formatting metadata, with no substantive regulatory provisions visible for analysis."},"complexity_factors":["Insufficient source text provided — the document appears to contain only metadata, version history headers, and formatting rather than substantive regulatory content","DNA database legislation typically involves technical scientific terminology requiring interpretation","Regulations interact with parent legislation (the Crimes Act or equivalent), requiring cross-referencing to understand full effect","Privacy law intersections add a layer of complexity","Low score assigned due to near-total absence of analysable content in the provided text"],"plain_english_summary":"These regulations set out how a police DNA database is managed—covering collection, storage, access, matching and deletion practices—and govern who may handle or be entered on the system.  \n\nThey affect law enforcement, forensic labs, people whose samples are taken (suspects, offenders, volunteers) and victims; they matter because they balance powerful investigative uses of DNA against privacy and civil‑liberties safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-dna-database-regulations-2022","history":"/api/acts/crimes-dna-database-regulations-2022/history","analysis":"/api/acts/crimes-dna-database-regulations-2022/analysis","conflicts":"/api/acts/crimes-dna-database-regulations-2022/conflicts","importantCases":"/api/acts/crimes-dna-database-regulations-2022/important-cases","documents":"/api/acts/crimes-dna-database-regulations-2022/documents"}}