New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 91

91 Supply of forensic material for DNA database system purposes

(1) A person--

(a) whose conduct causes the supply of forensic material taken from any person under this Act (or under a corresponding law of a participating jurisdiction) to any person for prohibited analysis, and

(b) who intends or is reckless as to the supply of material of that kind,

is guilty of an offence.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.

(2) A person--

(a) whose conduct causes the supply of forensic material (other than permitted forensic material) to any person for analysis for the purpose of deriving a DNA profile for inclusion on an index of the DNA database system, and

(b) who intends or is reckless as to the supply of material of that kind,

is guilty of an offence.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.

(3) In this section--

"permitted forensic material" means forensic material--

(a) found at a crime scene, or

(b) taken from a suspect in relation to an offence in accordance with Part 3, 4 or 5 or under a corresponding law of a participating jurisdiction, or

(c) taken from an offender, untested former offender, untested registrable person, volunteer or a person under 10 years of age in accordance with Part 7, 7A, 7B, 8 or 8A 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.

"prohibited analysis" means analysis for the purpose of deriving a DNA profile for inclusion on an index of the DNA database system when the forensic material is required to be destroyed by this Act or under a corresponding law of a participating jurisdiction.