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CRIMES ACT 1914 SECT 23YDAF
23YDAF Permissible matching of DNA profiles
- (1)
- A matching of a DNA profile on an index of the DNA
database system specified in column 1 of the following
table with a DNA profile on another index of the system
specified in column 2, 3, 4, 5, 6, 7 or 8 of the table is
not permitted by this Part if:
- (a)
- "no" is shown in relation to the index
specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the
index specified in column 1; or
- (b)
- "only if within purpose" is shown in
relation to the index specified in column 2, 3, 4, 5,
6, 7 or 8 opposite the volunteers (limited purposes)
index specified in column 1 and the matching is
carried out for a purpose other than a purpose for
which the DNA profile placed on the volunteers
(limited purposes) index specified in column 1 was so
placed.
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Profile to be matched
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Is matching permitted?
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Column 1
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Column 2
Crime scene
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Column 3
Suspects
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Column 4
Volunteers (limited purposes)
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Column 5
Volunteers (unlimited purposes)
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Column 6
Serious offenders
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Column 7
Missing persons
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Column 8
Unknown deceased persons
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1.
crime scene
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yes
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yes
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no
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yes
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yes
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yes
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yes
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2. suspects
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yes
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no
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no
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no
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yes
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no
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yes
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3. volunteers (limited purposes)
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only if within purpose
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no
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no
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no
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only if within purpose
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only if within purpose
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only if within purpose
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4. volunteers (unlimited purposes)
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yes
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no
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no
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no
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yes
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yes
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yes
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5. serious offenders
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yes
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yes
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no
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no
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yes
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yes
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yes
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6. missing persons
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yes
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yes
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yes
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yes
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yes
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yes
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yes
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7.
unknown deceased persons
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yes
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yes
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yes
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yes
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yes
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yes
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no
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(2) A person is guilty of an offence if:
- (a)
- the person's conduct causes the matching that is not
permitted by this Part of a DNA profile on an index of
the DNA database system with a DNA profile on the same
or another index of the DNA database system; and
- (b)
- the person is reckless as to any such matching of
profiles.
Penalty: Imprisonment for 2 years.
- (3)
- This section does not make it an offence for conduct to
cause a matching that is not permitted by this Part if the
matching is solely for the purposes of administering the
DNA database system.
Note: A defendant bears the evidential
burden in relation to the matter in subsection (3)—see
subsection
13.3(3) of the Criminal Code .
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