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CRIMES ACT 1914 SECT 23YDAD
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.
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