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CRIMES ACT 1914 - SECT 23YDAD

Supply of forensic material for purposes of DNA database

             (1)  A person commits 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 Commonwealth DNA database system.

Penalty:  Imprisonment for 2 years.

             (2)  A person commits 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 Commonwealth 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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