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CRIMES ACT 1914

The Blue Bar of the Law

CRIMES ACT 1914 SECT 23YDAE

23YDAE Use of information on DNA database system
(1)
A person is guilty of an offence if the person accesses information stored on the DNA database system otherwise than in accordance with this section.

Penalty: Imprisonment for 2 years.

(2)
A person may access information stored on the DNA database system for one or more of the following purposes:
(a)
the purpose of forensic comparison permitted under section 23YDAF (permissible matching);
(b)
the purpose of making the information available, in accordance with the regulations, to the person to whom the information relates;
(c)
the purpose of administering the DNA database system;
(d)
the purpose of any arrangement entered into between the Commonwealth and a State or Territory for the provision of access to information contained in the DNA database system by law enforcement officers or by any other persons prescribed by the regulations;
(e)
the purpose of and in accordance with the Mutual Assistance in Criminal Matters Act 1987 or the Extradition Act 1988 ;
(f)
the purpose of a coronial inquest or inquiry;
(g)
the purpose of an investigation of a complaint by the Privacy Commissioner of the Commonwealth or of a participating jurisdiction.
(3)
This section does not apply to information that cannot be used to discover the identity of any person.
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