Victorian Numbered Acts Victorian Numbered Acts(1) In section 464ZF of the Crimes Act 1958 —
(a) in sub-section (2), for "expiration of any appeal period or the final determination of an appeal" substitute "final determination of an appeal against conviction or sentence or the expiration of any appeal period";
(b) in sub-section (2AA), for "expiration of any appeal period or the final determination of an appeal" substitute "final determination of an appeal against conviction or sentence or the expiration of any appeal period";
(c) in sub-section (6)—
(i) after "relation to the" insert "conviction for the";
(ii) after "an appeal" (where twice occurring) insert "against conviction".
(2) After section 464ZF(6) of the Crimes Act 1958 insert —
"(6A) If leave to appeal against a conviction for a forensic sample offence is sought after the expiry of the appeal period in relation to the conviction, an order made by a court under sub-section (2) before leave to appeal is sought, if not executed before that leave is sought, must not be executed unless—
(a) leave to appeal against the conviction is refused; or
(b) leave to appeal against the conviction is granted and the appeal is finally determined and the conviction for the forensic sample offence is upheld.
(6B) If an order made by a court under sub-section (2) has been executed after the expiration of the appeal period in relation to the conviction for the forensic sample offence and leave to appeal against the conviction is granted after the expiry of that period—
(a) any sample and any related material and information taken may be retained by a member of the police force pending the final determination of the appeal against conviction; and
(b) if, on appeal, the conviction for the forensic sample offence is quashed, the Chief Commissioner of Police must without delay destroy, or cause to be destroyed, any sample taken and any related material and information.".