Victorian Current Acts

ROAD SAFETY ACT 1986 - SECT 58B

    (1)     In this section—

DNA database has the meaning given by section 464(2) of the Crimes Act 1958 ;

Part 5 sample means a sample of blood, urine or oral fluid taken from, or furnished or provided by, a person under this Part;

"permitted purpose", in relation to an analysis of a Part 5 sample, means the purpose of determining—

        (a)     whether alcohol or any other drug is present in the sample; or

        (b)     the level of concentration in which alcohol or any other drug is present in the sample;

"prohibited analysis", in relation to a Part 5 sample, means analysis of the sample for a purpose other than the permitted purpose.

Example

Deriving a DNA profile from the sample is a purpose for which analysis is prohibited.

    (2)     A person who intentionally or recklessly—

        (a)     supplies a Part 5 sample, or causes a Part 5 sample to be supplied, to a person for prohibited analysis; or

        (b)     carries out a prohibited analysis of a Part 5 sample; or

        (c)     includes, or causes the inclusion of, information derived from a prohibited analysis on a DNA database kept under a law of this State or the Commonwealth or of another State or a Territory—

is guilty of an offence and liable to imprisonment for a term of not more than 12 months or to a fine of not more than 120 penalty units.

Pt 5A (Headings and ss 58C– 58R) inserted by No. 68/2017 s. 24.

Part 5A—Behaviour change program

Division 1—Requirement to complete behaviour change program

S. 58C inserted by No. 68/2017 s. 24.