CRIMES ACT 1914 SECT 3ZK

(1)

If:

(a)

identification material has been taken from a person under section 3ZJ; and

(b)

a period of 12 months has elapsed since the identification material was taken; and

(c)

proceedings in respect of an offence to which the investigation material relates have not been instituted or have been discontinued;

the identification material must be destroyed as soon as practicable.

(2)

If identification material has been taken from a person under section 3ZJ and:

(a)

the person is found to have committed an offence to which the identification material relates but no conviction is recorded; or

(b)

the person is acquitted of such an offence and:

(i)

no appeal is lodged against the acquittal; or

(ii)

an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn;

the identification material must be destroyed as soon as practicable unless an investigation into, or a proceeding against the person for, another offence to which the identification material relates is pending.

(3)

A magistrate may, on application by a constable, extend the period of 12 months referred to in subsection (1) or that period as previously extended under this subsection in relation to particular identification material if the magistrate is satisfied that there are special reasons for doing so.