Part 12 Interstate enforcement
In this Act:appropriate authority means:
(a) in relation to a participating jurisdiction other than the Australian Capital Territory—an authority exercising, in relation to the police force of that jurisdiction, functions corresponding to those of the Commissioner of Police and any other authority prescribed by the regulations, or(b) in relation to the Australian Capital Territory—the Commissioner of the Australian Federal Police and any other authority prescribed by the regulations.corresponding law means:
(a) a law of the Commonwealth, or of a State or Territory, that substantially corresponds to Part 11, or(b) such provisions of a law of the Commonwealth, or of a State or Territory, as are declared by the regulations to be a corresponding law for the purposes of this Act.CrimTrac means the Commonwealth agency of that name.
DNA database means:
(a) in relation to the State—the DNA database system, and(b) in relation to a participating jurisdiction—a database of DNA profiles that is kept in accordance with a corresponding law of the participating jurisdiction.participating jurisdiction means the Commonwealth, or a State or Territory, in which there is a corresponding law in force.
responsible authority, in relation to a participating jurisdiction, means any one or more of the following:
(a) the Minister having responsibility for a corresponding law within that jurisdiction,(b) a public authority that administers a corresponding law within that jurisdiction,(c) a person or body prescribed by the regulations,and includes, in relation to the Commonwealth, CrimTrac.
(1) The Minister may enter into arrangements with the responsible authorities of one or more of the participating jurisdictions for the establishment and maintenance of one or more registers of orders for the carrying out of forensic procedures made under this Act or a corresponding law of a participating jurisdiction.(2) An order is registered in accordance with such an arrangement when a copy of the order (being a copy certified by the person who made it) is registered:(a) on such a register and the register is maintained in accordance with the arrangement, or(b) in accordance with the law of the State, or of the participating jurisdiction, as the case may be, in which the register is kept.(3) A person is authorised to carry out the forensic procedure authorised by an order that is registered in accordance with such an arrangement in the State. The person is authorised to carry out the procedure in accordance with Part 6 and not otherwise.(4) An application for registration of an order, or for cancellation of registration of an order, may be made in accordance with the regulations.
(1) The Minister may enter into arrangements for any of the purposes set out in subsection (1A) with the responsible authority of one or more participating jurisdictions under which:(a) information from the DNA database of this State may be transmitted to any jurisdiction that is a party to the arrangements, and(b) information from any such jurisdiction may be transmitted to this State.(1A) Information that is transmitted under this section must not be used except for the following purposes:(a) the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of a jurisdiction that is a party to the arrangements,(b) the identification of missing or deceased persons,(c) if arrangements are entered into with CrimTrac—CrimTrac comparing the transmitted information with information transmitted from a participating jurisdiction and then notifying this State and that jurisdiction of any matches that it finds.(1B) Arrangements under this section may not authorise the comparison of information so as to match DNA profiles in a manner that would contravene section 93 were the information contained wholly within the DNA database of this State.(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 Act or a corresponding law of a participating jurisdiction requires the forensic material to which it relates to be destroyed.