(b) in relation to the Australian Capital Territory—the Commissioner and any other authority prescribed by the regulations.
corresponding law means a law that:
(a) relates to the carrying out of forensic procedures and DNA databases; and
(b) either:
(i) substantially corresponds to this Part; or
(ii) is prescribed by the regulations for the purposes of this definition.
participating jurisdiction means a State or Territory in which there is a corresponding law in force.
responsible Minister of a participating jurisdiction means a Minister of that jurisdiction who is responsible for administration of a corresponding law.
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 register of orders for the carrying out of forensic procedures made under this Part or corresponding laws of participating jurisdictions.
(1A) The orders mentioned in subsection (1) do not include an order made in response to a request by a foreign country or international tribunal.
(2) An order is registered when a copy of the order (being a copy certified by the person who made it) is registered in accordance with the law of the participating jurisdiction in which the register is kept.
(3) An application for registration of an order, or for cancellation of registration of an order, may be made by an appropriate authority.
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) anywhere in the Commonwealth. The person is authorised to carry out the procedure in accordance with Division 6 and not otherwise.
(1A) A person is authorised to carry out a non‑intimate forensic procedure authorised by an order under this Part that is registered in accordance with an arrangement referred to in subsection 23YUB(1) anywhere in the Commonwealth. The person is authorised to carry out the procedure in accordance with Division 6 or a corresponding law of a participating jurisdiction, and not otherwise.
(2) A constable, or other person assisting a constable in accordance with this Part or a corresponding law of a participating jurisdiction, is not compelled by this Part, or an arrangement referred to in subsection 23YUB(1), to execute an order registered under such an arrangement.
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:
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(a) information from the Commonwealth DNA database system is to be transmitted to the appropriate authority in the participating jurisdiction; and
(b) information from the State/Territory DNA database system of the participating jurisdiction is to be transmitted to the Commissioner.
These arrangements may deal with keeping, and otherwise managing, such information. Subject to subsection (1B), these arrangements may also deal with using such information.
(1A) The ACC may, on behalf of the Commonwealth, enter into an arrangement with a participating jurisdiction in relation to:
(a) transmission of information to or from the Commonwealth DNA database system, or any State/Territory DNA database system; or
(b) keeping, and otherwise managing, such information; or
(c) subject to subsection (1B), using such information.
(1AA) Subject to subsection (1B), an arrangement with a participating jurisdiction under subsection (1A) may deal with:
(a) the ACC comparing information transmitted in accordance with that arrangement with other information on NCIDD; and
(b) the ACC identifying matches that are found because of such comparisons and the ACC transmitting information arising from such matches to that participating jurisdiction.
(1AB) Subsection (1AA) does not limit subsection (1A).
(1B) Information that is transmitted under this section must not be used except for the purpose of:
(a) the investigation of a matter relating to the participating jurisdiction, or proceedings in respect of that matter; or
(b) the investigation of a matter relating to the Commonwealth, or proceedings in respect of that matter.
(2) Information that is transmitted 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 Part or a corresponding law of a participating jurisdiction requires the forensic material to which it relates to be destroyed.
(3) In this section:
investigation of a matter means:
(a) in relation to a participating jurisdiction:
(i) an investigation of an offence against the law of that jurisdiction; or
(ii) an investigation of a missing person; or
(iii) an investigation for the purpose of identifying a deceased person; or
(b) in relation to the Commonwealth:
(i) an investigation of an offence against the law of the Commonwealth; or
(ii) an investigation of a missing person; or
(iii) an investigation for the purpose of identifying a deceased person.
23YUDA Arrangements with prisons or other places of detention
The Commissioner may, on behalf of the Commonwealth, enter into an arrangement with the head (however described) of a prison or other place of detention in a State or Territory in relation to the carrying out of forensic procedures under this Part on offenders who are serving sentences of imprisonment in that prison or other place of detention.
Division 11A—Operation of this Part in relation to certain incidents
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 an incident in relation to which this Division applies;
(b) the purpose of conducting a criminal investigation in relation to such an incident.
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 instrument, determines to be an incident in relation to which this Division applies.
(2) Before making a determination under paragraph (1)(b), the Minister must be satisfied that:
(a) if the determination would relate to an incident occurring wholly outside Australia and Norfolk Island—one or more Australian citizens or Australian residents have died in or as a result of the incident; and
(b) it is appropriate in the circumstances for this Division to apply in relation to the incident.
(2A) The Minister must not make a determination under paragraph (1)(b) relating to an incident occurring wholly within Australia or Norfolk Island unless:
(a) the Minister suspects on reasonable grounds that the incident involves the commission of:
(i) an offence against a law of the Commonwealth; or
(ii) a State offence that has a federal aspect; or
(iii) an offence against a law of a Territory; or
(b) the Minister suspects on reasonable grounds that victims of the incident are persons of a kind with respect to whom the Commonwealth Parliament has power to make laws; or
(c) the Minister is satisfied that the incident is or has created a national emergency, including an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.
(2B) Without limiting paragraph (2A)(b), the reference in that paragraph to persons of a kind with respect to whom the Commonwealth Parliament has power to make laws includes references to the following:
(a) aliens;
(b) persons receiving pensions, benefits or allowances from the Commonwealth;
(c) members of the Australian Defence Force;
(d) persons employed by, or holding an office in, the Commonwealth;
(e) residents of a Territory.
23YUG Use of information on DNA database systems
(1) Despite section 23YDAE, a person may access information stored on the Commonwealth DNA database system or NCIDD if:
(a) the access is for the purpose of forensic comparison under a law of a State or Territory relating to forensic procedures and DNA databases; and
(b) the forensic comparison is for a permitted purpose.
(2) Despite any law of a State or Territory relating to forensic procedures and DNA databases, a person may access information stored on the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system if:
(a) the access is for the purpose of forensic comparison under this Part; and
(b) the forensic comparison is for a permitted purpose.
(3) Despite section 23YDAE or any law of a State or Territory relating to forensic procedures and DNA databases, a person may access information stored on the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system if the access is for the purpose of disclosing that information under section 23YUI.
23YUH Permissible matching of DNA profiles
(1) Despite section 23YDAF, a person may match a DNA profile on the unknown deceased persons index of the Commonwealth DNA database system with another DNA profile on that index if the matching is for a permitted purpose.
(2) Despite any law of a State or Territory relating to forensic procedures and DNA databases, a person may match a DNA profile on the unknown deceased persons index of a State/Territory DNA database system with another DNA profile on that index, or with another DNA profile on the unknown deceased persons index of the Commonwealth DNA database system, if the matching is for a permitted purpose.
23YUI Disclosure of information
(1) Despite section 23YO, or any law of a State or Territory relating to forensic procedures and DNA databases, a person may disclose information stored on the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system if:
(a) the disclosure is to:
(i) any law enforcement agency (within the meaning of the Australian Crime Commission Act 2002); or
(ii) a foreign law enforcement agency (within the meaning of that Act); or
(iii) the International Criminal Police Organisation; or
(iv) any other agency or body of the Commonwealth, a State or a Territory, or of a foreign country, prescribed by the regulations; and
(b) the information is relevant to the activities of that agency or body; and
(c) the disclosure is for a permitted purpose.
(2) Despite section 23YO, or any law of a State or Territory relating to forensic procedures and DNA databases, a person may disclose information stored on the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system if:
(a) the information concerns the result of a match of an unknown deceased person’s DNA profile with a missing person’s DNA profile; and
(b) the disclosure is made to a relative, guardian, spouse, de facto partner or friend of the deceased person.
23YUJ This Division does not restrict operation of this Part
This Division does not limit the circumstances in which a person may:
(a) access information stored on the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system; or
(b) match a DNA profile on an index of the Commonwealth DNA database system or a State/Territory DNA database system; or
(c) disclose information stored on the Commonwealth DNA database system, NCIDD or a State/Territory DNA database system;
under this Part.
Note: See section 23YU on the effect of this Part on other laws.
Division 11B—Concurrent operation of State and Territory laws
23YUL Concurrent operation of State and Territory laws
The application of this Part in relation to State offences that have a federal aspect is not intended to limit or exclude the concurrent operation of any law of a State or of the Australian Capital Territory.
Note 1: Subsection 3(1) defines State to include the Northern Territory.
Note 2: Section 3AA has the effect that an offence against a law of the Australian Capital Territory is a State offence that has a federal aspect.
Part IE—Forfeiture of child abuse material
Division 1—Things this Part applies to
23ZA Application
This Part applies to a thing (the forfeitable thing) that is:
(a) child abuse material; or
(c) any of the following that contains child abuse material:
(i) a computer;
(ii) a data storage device;
(iii) another piece of electronic equipment.
Division 2—Forfeiture by operation of law after notice is given
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.
Power to give forfeiture notice
(2) The constable may give a notice (the forfeiture notice) described in subsection (3) to:
(a) a person who owns the forfeitable thing (either alone or with other persons); or
(b) if the constable is unable, after reasonable inquiry, to identify such a person:
(i) the person who possesses the thing; or
(ii) if the thing has been seized under a law of the Commonwealth, a State, a Territory or a foreign country—the person who would possess it apart from that seizure.
Content of forfeiture notice
(3) The forfeiture notice is a notice that:
(a) identifies the forfeitable thing; and
(b) states the constable’s belief that the thing is derived from, or was used in connection with, the commission of a Commonwealth child sex offence; and
(c) states that the thing will be forfeited to the Commonwealth 30 days after the notice is given, unless any of the following persons object to the forfeiture by written notice given before the end of that period to the head of the police force that includes the constable:
(i) a person who owns the thing (either alone or with other persons);
(ii) a person who has a right to possess the thing; and
(d) explains the circumstances in which, under section 23ZC, a person may be given a copy of parts of the thing, or of data contained in the thing, on request to the head of the police force made within 30 days after the notice is given; and
(e) explains the effect of forfeiture of the thing; and
(f) explains the circumstances in which compensation is payable in connection with forfeiture of the thing; and
(g) requests a person claiming compensation for forfeiture of the thing to notify the head of the police force of the claim.
Giving copy of forfeiture notice to others affected
(4) If the constable gives the forfeiture notice to a person described in subsection (2), the constable may also give a copy of the notice to anyone whom the constable reasonably believes will be directly or indirectly affected by the proposed forfeiture of the forfeitable thing.
Effect of giving forfeiture notice
(5) If there is not an objection described in paragraph (3)(c), the forfeitable thing is forfeited to the Commonwealth (by force of this subsection) at the end of the period described in that paragraph.
(6) If there is an objection described in paragraph (3)(c) but the head of the police force that includes the constable considers that the forfeitable thing should be forfeited to the Commonwealth despite the objection:
(a) the head of the police force must instruct the Director of Public Prosecutions to apply for an order under section 23ZD for the forfeiture of the thing; and
(b) the Director must make the application.
Objection or lack of one does not affect prosecution
(7) Evidence of the fact that a person described in paragraph (3)(c) objected or did not object as described in that paragraph is not admissible against the person in a prosecution of the person for a Commonwealth child sex offence.
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 notice or who would be directly or indirectly affected by the proposed forfeiture of the thing gives a written request to the head of the police force that includes the constable; and
(c) the request is for the person to be given a copy of parts of the thing, or of data contained in the thing, that:
(i) are specified in the request clearly enough to enable the parts or data to be identified readily; and
(ii) are not child abuse material.
(2) The head of the police force must comply with the request if he or she is satisfied that it is reasonably practicable to do so.
(3) However, the head of the police force need not comply with the request if he or she reasonably believes:
(a) that to do so might endanger the safety of anyone or prejudice an investigation or prosecution; or
(b) that possession by the person of the copy could constitute an offence against a law of the Commonwealth, a State or a Territory.
(4) If:
(a) the head of the police force complies with the request; and
(b) a court convicts the person of a Commonwealth child sex offence and is satisfied on the balance of probabilities that the forfeitable thing is derived from, or was used in connection with, the commission of the offence;
the court may order the person to pay the Commonwealth, State or Territory whose police force incurred costs in complying with the request those costs.
Division 3—Forfeiture by court order on application
23ZD Forfeiture of material by court order on application
Court to order forfeiture on application if offence committed