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CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 - SECT 40

40—Interpretation

In this Part—

"crime scene index" means an index of DNA profiles derived from biological material found—

            (a)         at any place (whether within or outside Australia) where an offence was, or is reasonably suspected of having been, committed; or

            (b)         on or within the body of the victim, or a person reasonably suspected of being a victim, of an offence; or

            (c)         on anything worn or carried by the victim at the time when an offence was, or is reasonably suspected of having been, committed; or

            (d)         on or within the body of any person, on any thing, or at any place, associated with the commission of an offence;

"DNA database system" means a database (whether in computerised or other form and however described) containing—

            (a)         the following indexes of DNA profiles and information that may be used to identify the person from whose biological material each DNA profile was derived:

                  (i)         a crime scene index;

                  (ii)         a missing persons index;

                  (iii)         an unknown deceased persons index;

                  (iv)         a suspects/offenders index;

                  (v)         a volunteers (unlimited purposes) index;

                  (vi)         a volunteers (limited purposes) index; and

            (b)         a statistical index; and

            (c)         any other index prescribed by the regulations;

"missing persons index" means an index of DNA profiles derived from biological material of persons who are missing;

"statistical index" means an index of information that—

            (a)         has been derived from the analysis of biological material obtained by carrying out forensic procedures authorised under this Act, or a corresponding law, or otherwise; and

            (b)         has been compiled for statistical purposes; and

            (c)         cannot be used to discover the identity of persons from whom the biological material was obtained;

"suspects/offenders index" means an index of DNA profiles derived from forensic material of persons—

            (a)         on whom forensic procedures have been carried out in accordance with an authorisation under Part 2 Division 1 if an assimilation order has been made in relation to the material or a court or other authority has ordered, in accordance with a corresponding law, that the material be treated as if it were material obtained from a person suspected of an offence; and

            (b)         on whom forensic procedures have been carried out in accordance with an authorisation under Part 2 Division 2, or a corresponding law; and

            (c)         on whom forensic procedures have been carried out in accordance with an authorisation under Part 2 Division 3 or a corresponding law;

"unknown deceased persons index" means an index of DNA profiles derived from biological material of deceased persons whose identities are unknown;

"volunteers (limited purposes) index" means an index of DNA profiles derived from forensic material of persons on whom forensic procedures have been carried out in accordance with an authorisation under Part 2 Division 1, or a corresponding law, where specific consent has been given, in accordance with this Act or the corresponding law (as the case may require), to the information being stored on this index but a condition prohibiting the information being compared with 1 or more other specified indexes of the DNA database system has been imposed on the consent;

"volunteers (unlimited purposes) index" means an index of DNA profiles derived from—

            (a)         forensic material of persons on whom forensic procedures have been carried out in accordance with an authorisation under Part 2 Division 1, or a corresponding law, where specific consent has been given, in accordance with this Act or the corresponding law (as the case may require), to the information being stored on this index and being used for any purposes for which the DNA database system may be used under this Part; and

            (b)         biological material of deceased persons whose identity is known.



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