CRIMES ACT 1914 SECT 3ZQK

(1)

If, in relation to a Commonwealth offence:

(a)

age determination information relating to a person has been obtained by carrying out a prescribed procedure; and

(b)

12 months have passed since the carrying out of the procedure; and

(c)

proceedings in respect of the offence have not been instituted against the person from whom the information was taken or have discontinued;

the information must be destroyed as soon as practicable.

(2)

If, in relation to a Commonwealth offence, age determination information relating to a person has been obtained by carrying out a prescribed procedure and:

(a)

the person is found to have committed the offence but no conviction is recorded; or

(b)

the person is acquitted of the 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an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn;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 information must be destroyed as soon as practicable unless an investigation into, or a proceeding against, the person for another Commonwealth offence is pending.

(3)

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