Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23YDAD

  (1)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the person's conduct results in the forensic material taken from any person, and which is required to be destroyed, under this Part or under a corresponding law of a participating jurisdiction, to be supplied to another person; and

  (c)   the person is reckless as to whether the forensic material is required to be destroyed and the supply of the material to the other person; and

  (d)   the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the Commonwealth DNA database system.

Penalty:   Imprisonment for 2 years.

  (2)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   that conduct results in the supply of forensic material to any person and the person is reckless as to that result; and

  (c)   the person is reckless as to whether the forensic material is not excluded forensic material; and

  (d)   the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the Commonwealth DNA database system.

Penalty:   Imprisonment for 2 years.

  (3)   In this section:

"excluded forensic material" means forensic material:

  (a)   found at a crime scene; or

  (b)   taken from a suspect in accordance with Division   3, 4 or 5 or under a corresponding law of a participating jurisdiction; or

  (c)   taken from a serious offender or a volunteer in accordance with Division   6A or 6B 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.