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CRIMES ACT 1914

The Blue Bar of the Law

CRIMES ACT 1914 SECT 23YDAC

23YDAC Definitions
In this Part:
crime scene index means an index of DNA profiles derived from forensic material found:
(a)
at any place (whether within or outside Australia) where an offence (whether a prescribed offence or an offence under the law of a participating jurisdiction) was, or is reasonably suspected of having been, committed; or
(b)
on or within the body of the victim, or a person reasonably suspected of being a victim, of a prescribed offence; or
(c)
on anything worn or carried by the victim at the time when a prescribed offence was, or is reasonably suspected of having been, committed; or
(d)
on or within the body of any person, on any thing, or at any place, associated with the commission of a prescribed offence.
DNA database system means a database (whether in computerised or other form and however described) containing:
(a)
the following indexes of DNA profiles:
(i)
a crime scene index;
(ii)
a missing persons index;
(iii)
an unknown deceased persons index;
(iv)
a serious offenders index;
(v)
a volunteers (unlimited purposes) index;
(vi)
a volunteers (limited purposes) index;
(vii)
a suspects index;
and information that may be used to identify the person from whose forensic material each DNA profile was derived; and
(b)
a statistical index; and
(c)
any other index prescribed by the regulations.
missing persons index means an index of DNA profiles derived from forensic material of:
(a)
persons who are missing; and
(b)
volunteers who are relatives by blood of missing persons.
serious offenders index means an index of DNA profiles derived from forensic material taken from:
(a)
serious offenders in accordance with Division 6A, or under a corresponding law of a participating jurisdiction; and
(b)
suspects who have been convicted of a prescribed offence or an offence under a corresponding law of a participating jurisdiction.
statistical index means an index of information that:
(a)
is obtained from the analysis of forensic material taken from persons in accordance with this Part or under a corresponding law of a participating jurisdiction; and
(b)
has been compiled for statistical purposes; and
(c)
cannot be used to discover the identity of persons from whom the forensic material was taken.
suspects index means an index of DNA profiles derived from forensic material taken from suspects in accordance with Division 3, 4 or 5 or under a corresponding law of a participating jurisdiction.

unknown deceased persons index means an index of DNA profiles derived from forensic material of deceased persons whose identities are unknown.

volunteers (limited purposes) index means an index of DNA profiles derived from forensic material taken in accordance with Division 6B or under a corresponding law of a participating jurisdiction from volunteers who (or whose parents or guardians) have been informed that information obtained will be used only for a purpose specified to them under paragraph 23XWR(2)(b).

volunteers (unlimited purposes) index means an index of DNA profiles derived from forensic material taken:

(a)
from volunteers who (or whose parents or guardians) have been informed under paragraph 23XWR(2)(c) that information obtained may be used for the purpose of a criminal investigation or any other purpose for which the DNA database system may be used under this Division, in accordance with Division 6B, or under a corresponding law of a participating jurisdiction; and
(b)
from deceased persons whose identity is known.
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