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CRIMES ACT 1914 - SECT 23YDAG

Recording, retention and removal of identifying information on Commonwealth DNA database system

             (1)  A person commits an offence if:

                     (a)  the person's conduct causes any identifying information about a person obtained from forensic material taken from the person under this Part to be recorded or retained in the Commonwealth DNA database system at any time after this Part requires the forensic material to be destroyed; and

                     (b)  the person is reckless as to the recording or retention or whether the forensic material is required to be destroyed.

Penalty:  Imprisonment for 2 years.

             (2)  The responsible person commits an offence if he or she does not ensure that any identifying information, relating to a person from whose forensic material a DNA profile on the volunteers (unlimited purposes) index or volunteers (limited purposes) index of the Commonwealth DNA database system was derived, is removed from the system as soon as practicable after the end of the identifying period for the profile.

Penalty:  Imprisonment for 2 years.

Note:          See subsection 23WA(1) for responsible person.

             (3)  The responsible person commits an offence if he or she does not ensure that any identifying information relating to a DNA profile of an offender on the serious offenders index of the Commonwealth DNA database system is removed from the system as soon as practicable after becoming aware that the offender has been pardoned or acquitted of the offence concerned or if the conviction has been quashed.

Penalty:  Imprisonment for 2 years.

Note:          See subsection 23WA(1) for responsible person.

             (4)  In this section:

"identifying information" means any information that could be used:

                     (a)  to discover the identity of the person from whose forensic material the DNA profile was derived; or

                     (b)  to get information about an identifiable person.

"identifying period" for a DNA profile means the following:

                     (a)  except as provided by paragraphs (b) and (c), the period of 12 months after the DNA profile is placed on the Commonwealth DNA database system;

                     (b)  if the DNA profile is derived from forensic material taken from a volunteer--such period after the DNA profile is placed on the Commonwealth DNA database system as is agreed by the Commissioner and the volunteer (or, in the case of a volunteer who is a child or an incapable person, a parent or guardian of the volunteer);

                     (c)  if the DNA profile is derived from forensic material taken from a deceased person (not being a person who was a volunteer) whose identity is known--such period as the Commissioner orders the responsible person to retain identifying information relating to the profile.



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