Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23yud
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23YUD
Character Range: 1266947–1269685

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:
 (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.