Forensic Procedures Order 2006


Tasmanian Crest
Forensic Procedures Order 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following order under section 54(4) of the Forensic Procedures Act 2000 .

18 December 2006

W. J. E. COX

Governor

By His Excellency's Command,

STEVEN KONS

Minister for Justice and Workplace Relations

1.   Short title

This order may be cited as the Forensic Procedures Order 2006 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Principal Act

In this order, the Forensic Procedures Act 2000 is referred to as the Principal Act.

4.    Section 54 amended (Permissible matching of DNA profiles)

Section 54(1)(b) of the Principal Act is amended by omitting the table and substituting the following table:

Profile to be matched

Is matching permitted?

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Column 8

 

crime scene

suspects

volunteers (limited purposes)

volunteers (unlimited purposes)

serious offenders

missing persons

unknown deceased persons

crime scene

yes

yes

only if within purpose

yes

yes

yes

yes

suspects

yes

yes

only if within purpose

yes

yes

yes

yes

volunteers (limited purposes)

only if within purpose

only if within purpose

only if within purpose

only if within purpose

only if within purpose

only if within purpose

only if within purpose

volunteers (unlimited purposes)

yes

yes

only if within purpose

yes

yes

yes

yes

serious offenders

yes

yes

only if within purpose

yes

yes

yes

yes

missing persons

yes

yes

only if within purpose

yes

yes

yes

yes

unknown deceased persons

yes

yes

only if within purpose

yes

yes

yes

yes

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 December 2006

This order is administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the order)

This order replaces the table in section 54(1) of the Forensic Procedures Act 2000 with the result that a greater range of matchings is permitted to be made between DNA profiles on different indexes of the DNA database system.