Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to this bill. The memorandum was circulated in the chamber on 5 September 2006, and I seek leave to move government amendments (1) to (8) together.

Leave granted.

I move:

(1)    Schedule 1, item 7, page 4 (lines 18 to 25), omit section 23XSA, substitute:

23XSA  Presence of prison officers

If:

        (a)     a particular suspect is being detained in prison; and

       (b)     a forensic procedure is to be carried out on the suspect (whether or not the forensic procedure is to be carried out in prison);

one or more prison officers may be present while the forensic procedure is carried out.

(2)    Schedule 1, item 20, page 7 (lines 12 to 18), omit subsection 23YDACA(2), substitute:

        (2)    A participating jurisdiction, or an authority of a participating jurisdiction, may access NCIDD to the extent that it consists of:

                  (a)   the whole or a part of the State/Territory DNA database system of the participating jurisdiction; or

                  (b)   information obtained from the State/Territory DNA database system of the participating jurisdiction;

but only if the participating jurisdiction, or the authority of the participating jurisdiction, is required or authorised by or under a law of the participating jurisdiction to access the State/Territory DNA database system of the participating jurisdiction.

(3)    Schedule 1, page 8 (after line 14), after item 26, insert:

26A  After subsection 23YDAE(2)

Insert:

     (2A)    A person may access information stored on NCIDD in the circumstances permitted by subsection 23YDACA(2).

(4)    Schedule 1, page 8 (after line 17), after item 27, insert:

27A  Subsection 23YDAF(1) (cell at table item 2, column 3)

Repeal the cell, substitute:

yes

27B  Subsection 23YDAF(1) (cell at table item 2, column 5)

Repeal the cell, substitute:

yes

(5)    Schedule 1, page 8 (after line 20), after item 28, insert:

28A  Subsection 23YDAF(1) (cell at table item 4, column 3)

Repeal the cell, substitute:

yes

28B  Subsection 23YDAF(1) (cell at table item 4, column 5)

Repeal the cell, substitute:

yes

(6)    Schedule 1, page 9 (after line 15), after item 35, insert:

35A  After subsection 23YO(1)

Insert:

       (1A)  Paragraph (1)(a) does not apply to access to information stored on NCIDD in the circumstances permitted by subsection 23YDACA(2).

(7)   Schedule 1, page 10 (after line 4), after item 41, insert:

41A  At the end of subsection 23YUD(1)

Add “Subject to subsection (1B), these arrangements may also deal with using such information.”.

(8)    Schedule 1, page 10 (after line 13), after item 43, insert:

43A  At the end of subsection 23YUD(1A)

Add:

      ; or (c)    subject to subsection (1B), using such information.

43B  After subsection 23YUD(1A)

Insert:

      (1AA)   Subject to subsection (1B), an arrangement with a participating jurisdiction under subsection (1A) may deal with:

                     (a)   CrimTrac comparing information transmitted in accordance with that arrangement with other information on NCIDD; and

                     (b)   CrimTrac identifying matches that are found because of such comparisons and CrimTrac transmitting information arising from such matches to that participating jurisdiction.

       (1AB)   Subsection (1AA) does not limit subsection (1A).

Government amendment (2) implements the Senate Legal and Constitutional Committee’s recommendation—the word ‘audit’ has been removed. The intent of this bill is to grant access to a state and territory proportion of NCIDD to all relevant state and territory officials who are authorised under state and territory law to have such access. The amendment gives effect to the original policy intent. Government amendments (1), (3), (6), (7) and (8) are clarifying the intent of the legislation. These amendments address issues raised by the states and territories and do not make substantive changes to the way DNA is used, accessed or controlled. Government amendments (4) and (5) change the permissible matching situations to mirror other jurisdictions’ matching tables and remove any unnecessary restrictions on matching volunteer DNA. The changes will also allow suspects to be matched against other suspect data and implement recommendation 8 of the independent review of part 1D of the Crimes Act by Tom Sherman AO in 2003.

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.