Criminal Investigation (Identifying People) Act 2002
Criminal Investigation (Identifying People) Regulations 2002
Criminal Investigation (Identifying People) Act 2002
Criminal Investigation (Identifying People) Regulations 2002
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Reprinted under the Reprints Act 1984 as at 23 March 2007 |
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Western Australia
Criminal Investigation (Identifying People) Regulations 2002
CONTENTS
1.Citation1
2.Commencement1
3.Public officers (s. 5(1))1
3A.Forensic purpose for which police officers may be required to undergo identifying procedure (s. 22(1))2
4.Qualified persons (s. 52)2
5.Law enforcement officers (s. 73(1)(e))3
5A.Disclosure of identifying information for certain national databases (s. 73(1)(n))4
6.Corresponding laws (s. 87, 88(a))4
7.Authorised officers (s. 87, 88(b))5
8.Registrar (s. 87, 88(c))6
9.Form of applications for warrants (s. 15(3), 32, 45)6
10.Form of warrants (s. 33(6), 46(4))6
Schedule 1 — Application for IP warrant (involved protected person)
Schedule 2 — Application for IP warrant (suspect)
Schedule 3 — IP warrant (involved protected person)
Schedule 4 — IP warrant (suspect)
Notes
Compilation table15
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Reprinted under the Reprints Act 1984 as at 23 March 2007 |
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Western Australia
Criminal Investigation (Identifying People) Act 2002
Criminal Investigation (Identifying People) Regulations 2002
These regulations may be cited as the Criminal Investigation (Identifying People) Regulations 2002 1.
These regulations come into operation on the day on which Part 2 of the Criminal Investigation (Identifying People) Act 2002 comes into operation 1.
(1)The office of aboriginal aide to which appointments are made under Part IIIA of the Police Act 1892 is prescribed under section 5(1)(a) of the Act.
(2)The powers in the Act that a holder of the office of aboriginal aide may exercise are specified under section 5(1)(b) of the Act to be all the powers that the Act provides may be exercised by a public officer.
(3)The office of fisheries officer to which appointments are made under section 11 of the Fish Resources Management Act 1994 is prescribed under section 5(1)(a) of the Act.
(4)The powers in the Act that a holder of the office of fisheries officer may exercise are specified under section 5(1)(b) of the Act to be all the powers that the Act provides may be exercised by a public officer.
[Regulation 3 amended in Gazette 27 Jun 2006 p. 2305.]
3A.Forensic purpose for which police officers may be required to undergo identifying procedure (s. 22(1))
The forensic purpose of investigating an offence or a suspected offence or offences generally is prescribed for section 22(1) of the Act.
[Regulation 3A inserted in Gazette 19 Nov 2002 p. 5507.]
(1)For the definition of “qualified person” in section 52 of the Act, a person is qualified to do any non‑intimate identifying procedure if the person is —
(a)a forensic scientist approved under subregulation (3); or
(b)a forensic technician approved under subregulation (3); or
(c)a police officer who has satisfactorily completed a course of training approved for this paragraph under subregulation (3); or
(d)a fisheries officer appointed under section 11 of the Fish Resources Management Act 1994 who has satisfactorily completed a course of training approved for this paragraph under subregulation (3).
(2)For the definition of “qualified person” in section 52 of the Act, a person is qualified to do the intimate identifying procedure of taking a sample of blood if —
(a)the person is a police officer who has satisfactorily completed a course of training approved for this paragraph under subregulation (3); and
(b)the sample is to be taken by means of a lancet or a finger blood sampling device.
(2a)For the definition of “qualified person” in section 52 of the Act, a person is qualified to do the intimate identifying procedure of photographing an identifying feature of a person on his or her private parts if the person is a police officer who has satisfactorily completed a course of training approved for this subregulation under subregulation (3).
(3)The Commissioner may by notice published in the Gazette —
(a)approve a person as a forensic scientist for subregulation (1)(a) or as a forensic technician for subregulation (1)(b); or
(b)approve a course of training for subregulation (1)(c) or (d), (2)(a) or (2a); or
(c)amend or revoke a notice under paragraph (a) or (b).
(4)In this regulation —
“police officer” means a person appointed under Part I or IIIA of the Police Act 1892.
[Regulation 4 amended in Gazette 19 Nov 2002 p. 5507‑8; 27 Jun 2006 p. 2305.]
5.Law enforcement officers (s. 73(1)(e))
A person is a law enforcement officer for section 73(1)(e) of the Act if the person is —
(a)a member of the police force of another State or a Territory or a member of the Australian Federal Police;
(aa)an officer appointed under section 179 of the Corruption and Crime Commission Act 2003; or
(b)an officer of Customs within the meaning of the Customs Act 1901 of the Commonwealth.
[Regulation 5 amended in Gazette 19 Nov 2002 p. 5508; 14 Oct 2005 p. 4556.]
5A.Disclosure of identifying information for certain national databases (s. 73(1)(n))
(1)The purpose of a national database created, kept, operated, controlled or managed by the Australian Bureau of Criminal Intelligence or by the CrimTrac Agency is prescribed under section 73(1)(n) of the Act as a purpose for which identifying information obtained under the Act may be disclosed.
(2)In subregulation (1) —
“Australian Bureau of Criminal Intelligence” means the organisation established under that name by an agreement made on 6 February 1981 between the Commonwealth, the States and the Northern Territory;
“CrimTrac Agency” means the body of that name established as an Executive Agency under section 65 of the Public Service Act 1999 of the Commonwealth.
[Regulation 5A inserted in Gazette 19 Nov 2002 p. 5508.]
6.Corresponding laws (s. 87, 88(a))
Each law listed in the Table to this regulation is prescribed under section 88(a) of the Act to be a corresponding law for the definition of that expression in section 87 of the Act.
Table
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Part 1D of the Crimes Act 1914 of the Commonwealth |
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Crimes (Forensic Procedures) Act 2000 of New South Wales |
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Part 3 Division 1 Subdivision 30A of the Crimes Act 1958 of Victoria |
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Chapter 8A of the Police Powers and Responsibilities Act 2000 of Queensland |
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Criminal Law (Forensic Procedures) Act 1998 of South Australia |
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Forensic Procedures Act 2000 of Tasmania |
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Sections 31, 31A, 31B, 51 and 70B of the Juvenile Justice Act of the Northern Territory |
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Part VII Division 7 of the Police Administration Act of the Northern Territory |
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Section 95B of the Prisons (Correctional Services) Act of the Northern Territory |
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Crimes (Forensic Procedures) Act 2000 of the Australian Capital Territory |
[Regulation 6 amended in Gazette 19 Nov 2002 p. 5508; 27 Jun 2006 p. 2306.]
7.Authorised officers (s. 87, 88(b))
Each office listed in the Table to this regulation is prescribed under section 88(b) of the Act for the definition of “authorised officer” in section 87 of the Act.
Table
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General Manager, Forensic Services, Australian Federal Police |
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Director of Forensic Services, New South Wales Police Service |
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Director, Victoria Forensic Science Centre, Victoria Police |
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Superintendent, Forensic Services Branch, Queensland Police Service |
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Officer in Charge, Forensic Services Branch, South Australia Police |
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Inspector, Forensic Services, Tasmania Police |
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Director, Forensic Science Centre, Northern Territory Police |
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Officer in Charge, Operations, Monitoring and Intelligence Support (OMIS), Australian Federal Police, Australian Capital Territory |
[Regulation 7 amended in Gazette 19 Nov 2002 p. 5509.]
The office of Divisional Officer, Forensic Division, Police Force of Western Australia is prescribed under section 88(c) of the Act for the definition of “Registrar” in section 87 of the Act.
9.Form of applications for warrants (s. 15(3), 32, 45)
(1)The form of an application to a magistrate under section 32 of the Act for an IP warrant (involved protected person) is set out for section 15(3) of the Act in Schedule 1.
(2)The form of an application to a JP or magistrate, as the case requires, under section 45 of the Act for an IP warrant (suspect) is set out for section 15(3) of the Act in Schedule 2.
[Regulation 9 inserted in Gazette 19 Nov 2002 p. 5509.]
10.Form of warrants (s. 33(6), 46(4))
(1)The form of an IP warrant (involved protected person) is set out for section 33(6) of the Act in Schedule 3.
(2)The form of an IP warrant (suspect) is set out for section 46(4) of the Act in Schedule 4.
[Regulation 10 inserted in Gazette 19 Nov 2002 p. 5509.]
Schedule 1 — Application for IP warrant (involved protected person)
[r. 9(1)]
[Heading inserted in Gazette 19 Nov 2002 p. 5510.]
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Criminal Investigation (Identifying People) Act 2002, s. 15(3) and 32 |
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APPLICATION FOR IP WARRANT (INVOLVED PROTECTED PERSON) |
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Applicant |
Name: …....................................... of: …............................................. Signature: …................................................... Time and date: …...................................................
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Rank and registered number or official title: …................... |
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Name of involved protected person |
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Offence |
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Grounds |
…........................................................................................................................................................................................................................................................................................................................................................................ |
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Identifying particular sought |
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Photograph |
Impression |
Sample of hair |
D.N.A. profile |
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Non‑intimate identifying procedure |
…....................................................................................... |
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Grounds |
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Grounds (s. 31(a)) |
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Grounds (s. 32(4)) |
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Note: This application must be made to a magistrate. |
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[Schedule 1 inserted in Gazette 19 Nov 2002 p. 5510‑11.]
Schedule 2 — Application for IP warrant (suspect)
[r. 9(2)]
[Heading inserted in Gazette 19 Nov 2002 p. 5511.]
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Criminal Investigation (Identifying People) Act 2002, s. 15(3) and 45 |
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APPLICATION FOR IP WARRANT (SUSPECT) |
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Applicant |
Name: …....................................... of: …............................................. Signature: …................................................... Time and date: …................................................... |
Rank and registered number or official title: …................... |
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Name of suspect |
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Suspected offence |
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Identifying particular sought |
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Photograph |
Impression |
Sample of hair |
D.N.A. profile |
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Identifying procedure |
…....................................................................................... |
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Grounds |
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Grounds |
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Note: If this application is to be made in respect of an adult, it may be made to a JP. If this application is to be made in respect of a child or an incapable person, it must be made to a magistrate. |
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[Schedule 2 inserted in Gazette 19 Nov 2002 p. 5511‑12.]
Schedule 3 — IP warrant (involved protected person)
[r. 10(1)]
[Heading inserted in Gazette 19 Nov 2002 p. 5512.]
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Criminal Investigation (Identifying People) Act 2002, s. 33 |
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IP WARRANT (INVOLVED PROTECTED PERSON) |
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Applicant |
Name: |
Rank and registered number or official title: …................... |
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Involved protected person |
Name: |
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Offence |
….................................................................................... |
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Identifying particular to be obtained |
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Photograph |
Impression |
Sample of hair |
D.N.A. profile |
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Non‑intimate identifying procedure |
….................................................................................... |
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Use for limited forensic purposes |
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Use for unlimited forensic purposes |
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May identifying information be put on a forensic database? |
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Authority to arrest and detain and do identifying procedure |
This warrant authorises you: ·to arrest the involved protected person to whom this warrant relates and to detain him or her for a reasonable period to do the identifying procedure specified in this warrant; and ·if applicable, to do the identifying procedure on that person against the responsible person’s will. |
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Period for execution of warrant |
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From: ........./........./......... |
To: ........./............/......... |
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Date and time of issuing warrant |
Date: ......./ ......../ ........ |
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Magistrate |
Name: |
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[Schedule 3 inserted in Gazette 19 Nov 2002 p. 5512‑13.]
Schedule 4 — IP warrant (suspect)
[r. 10(2)]
[Heading inserted in Gazette 19 Nov 2002 p. 5513.]
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Criminal Investigation (Identifying People) Act 2002, s. 46 |
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IP WARRANT (SUSPECT) |
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Applicant |
Name: |
Rank and registered number or official title: |
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Suspect |
Name: |
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Offence |
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Identifying particular to be obtained |
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Photograph |
Impression |
Sample of hair |
D.N.A. profile |
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Identifying procedure |
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Authority to arrest and detain and do identifying procedure |
This warrant authorises you: ·to arrest the suspect to whom this warrant relates and to detain him or her for a reasonable period to do the identifying procedure specified in this warrant; and ·to do the identifying procedure on the suspect against his or her will or the responsible person’s will, as the case requires. |
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Period for execution of warrant |
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From: ........./........./......... |
To: ........../............/......... |
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Date and time of issuing warrant |
Date: ......./ ......../ ........ |
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JP or Magistrate |
Name: |
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[Schedule 4 inserted in Gazette 19 Nov 2002 p. 5513‑14.]
1This reprint is a compilation as at 23 March 2007 of the Criminal Investigation (Identifying People) Regulations 2002 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Criminal Investigation (Identifying People) Regulations 2002 |
28 Jun 2002 p. 3103‑5 |
29 Jun 2002 (see r. 2 and Gazette 28 Jun 2002 p. 3037) |
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Criminal Investigation (Identifying People) Amendment Regulations 2002 |
19 Nov 2002 p. 5507‑14 |
20 Nov 2002 (see r. 2 and Gazette 19 Nov 2002 p. 5505) |
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Criminal Investigation (Identifying People) Amendment Regulations 2005 |
14 Oct 2005 p. 4556 |
14 Oct 2005 |
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Criminal Investigation (Identifying People) Amendment Regulations 2006 |
27 Jun 2006 p. 2304‑6 |
27 Jun 2006 |
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Reprint 1: The Criminal Investigation (Identifying People) Regulations 2002 as at 23 Mar 2007 (includes amendments listed above) |
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