Document ID: chunk:federal_register_of_legislation:C2004C01233:clause:1_23ydad
Version: federal_register_of_legislation:C2004C01233
Segment Type: clause
Provision Reference: sch 1 cl 23YDAD
Character Range: 51580–53394

23YDAD  Supply of forensic material for purposes of DNA database

 (1) A person is guilty of an offence if:
 (a) the person engages in conduct; and
 (b) the person's conduct results in the forensic material taken from any person, and which is required to be destroyed, under this Part or under a corresponding law of a participating jurisdiction, to be supplied to another person; and
 (c) the person is reckless as to whether the forensic material is required to be destroyed and the supply of the material to the other person; and
 (d) the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the DNA database system.

Penalty: Imprisonment for 2 years.

 (2) A person is guilty of an offence if:
 (a) the person engages in conduct; and
 (b) that conduct results in the supply of forensic material to any person and the person is reckless as to that result; and
 (c) the person is reckless as to whether the forensic material is not excluded forensic material; and
 (d) the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the DNA database system.

Penalty: Imprisonment for 2 years.

 (3) In this section:

excluded forensic material means forensic material:
 (a) found at a crime scene; or
 (b) taken from a suspect in accordance with Division 3, 4 or 5 or under a corresponding law of a participating jurisdiction; or
 (c) taken from a serious offender or a volunteer in accordance with Division 6A or 6B or under a corresponding law of a participating jurisdiction; or
 (d) taken from the body of a deceased person; or
 (e) that is from the body of a missing person; or
 (f) taken from a volunteer who is a relative by blood of a deceased or missing person.