Crimes (DNA Database) Act 2002 (Vic)

Crimes (DNA Database) Act 2002

Act No. 16/2002

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Headings inserted	2
5.	Definitions inserted	3
6.	Informed consent	7
7.	Procedure for taking mouth scrapings	8
8.	Execution of order for mouth scraping	9
9.	Evidence relating to forensic procedures	9
10.	Forensic procedure after forensic sample offence	10
11.	New section 464ZFAA inserted	10

464ZFAA. Notice to attend for forensic procedure 10

12.	Warrant in event of non-attendance	13
13.	Retention of sample following finding of guilt	15
14.	Computerised databases	15
15.	Information given to volunteers	16
16.	New headings and sections 464ZGG to 464ZGO inserted	16
DNA database system	16

464ZGG.	Supply of forensic material for purposes of DNA
database 17
464ZGH.	Use of information on DNA database system 18
464ZGI.	Permissible matching of DNA profiles 19
464ZGJ.	Recording, retention and removal of identifying
information on DNA database system 21
464ZGK. Disclosure of information	23
Inter-jurisdictional enforcement	26
464ZGL. Registration of orders	26
464ZGM. Carrying out of registered orders	26
464ZGN. Database information	27
464ZGO. Taking, retention and use of forensic material

authorised by laws of other jurisdictions 28

17.	Relevant suspect	29
18.	Forensic sample offences	29

i

Section Page

19. New section 596 inserted 30

596.        Transitional provisions—Crimes (DNA Database)

Act 2002 30

═══════════════

ENDNOTES 32

ii

Victoria

No. 16 of 2002

Crimes (DNA Database) Act 2002†

[Assented to 21 May 2002]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Crimes

Act 1958—

(a)	to facilitate participation in the national DNA database system; and
(b)	to amend procedures for the obtaining, use and retention of forensic samples.

Crimes (DNA Database) Act 2002

s. 2 Act No. 16/2002

2. Commencement

(1) This Act (except section 18(2)) comes into

operation on the day after the day on which it
receives the Royal Assent.

(2) Section 18(2) is deemed to have come into operation on the commencement of section 16(1)(c) of the Drugs, Poisons and Controlled

Substances (Amendment) Act 2001.

3. Principal Act

See:

Act No.	In this Act, the Crimes Act 1958 is called the
6231.	Principal Act.
Reprint No. 15 as at 1 September
1999 and
amending
Act Nos 26/1999, 53/2000, 67/2000, 74/2000, 86/2000, 92/2000, 45/2001, 58/2001, 61/2001 and
69/2001. LawToday: dpc.vic. gov.au

4. Headings inserted

In the Principal Act—

(a) after section 464J insert—

"Fingerprinting";

(b) after section 464Q insert—

"Forensic procedures";

(c) before section 464ZH insert—

"General".

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 5

5. Definitions inserted

In section 464(2) of the Principal Act, insert the
following definitions—

' "appropriate authority" means—

(a) Australian Capital Territory—the
Commissioner (within the meaning of

in relation to the Commonwealth or the of the Commonwealth) of the Australian Federal Police or any other prescribed authority; or

(b) jurisdiction—an authority exercising, in
relation to the police force of that
jurisdiction, functions corresponding to
those of the Chief Commissioner of

in relation to any other participating authority;

"corresponding law" means a law relating to the carrying out of forensic procedures and DNA databases that—

(a)	substantially corresponds to this Subdivision; or
(b)	is prescribed for the purposes of this definition;

"crime scene index" means an index of DNA

profiles derived from forensic material found
or other material found—

(a) at any place (whether within or outside Victoria) where an offence (whether under the law of Victoria or of a participating jurisdiction) was, or is reasonably suspected of having been, committed; or

Crimes (DNA Database) Act 2002

s. 5 Act No. 16/2002

(b)	on the victim of the offence or on anything reasonably believed to have been worn or carried by the victim when the offence was committed; or
(c)	on an object or person reasonably believed to have been associated with the commission of the offence;

"DNA database" means—

(a)

in relation to Victoria—the DNA or the DNA database system; and

(b) jurisdiction—a DNA database system

in relation to a participating of the participating jurisdiction;

"DNA database system" means a database

(whether in computerised or other form and
however described) containing—

(a) one or more of the following indexes of DNA profiles—

(i) a crime scene index;

(ii) a missing persons index;

(iii) an unknown deceased persons
index;

(iv) a serious offenders index;

(v)	a volunteers (unlimited purposes) index;
(vi)	a volunteers (limited purposes) index;

Crimes (DNA Database) Act 2002

Act No. 16/2002	s. 5
(vii) a suspects index—
and information that may be used to identify the person from whose forensic material each DNA profile was derived; and

(b) a statistical index; and

(c) any other prescribed index;

"forensic material" means any material—

(a)	from which a DNA profile may be derived; and
(b)

which is obtained from samples taken with this Subdivision—

but does not include a sample taken for the sole purpose of establishing the identity of the person from whom it is taken;

"missing persons index" means an index of

DNA profiles, derived from forensic
material, of—

(a) persons who are missing; and

(b) volunteers who are relatives by blood of missing persons;

"participating jurisdiction" means the

Commonwealth, another State or a Territory in which there is a corresponding law in force;

"responsible Minister", in relation to a

participating jurisdiction means a Minister of
that jurisdiction who is responsible for
administration of a corresponding law;

Crimes (DNA Database) Act 2002

s. 5 Act No. 16/2002

"serious offenders index" means an index of

DNA profiles derived from forensic material taken from—

(a) offenders in accordance with
section 464ZF, or under a
corresponding law of a participating
jurisdiction; and

(b) suspects who have been convicted of—

(i)  an offence and an order has been made under section 464ZFB(1); or

(ii) forensic procedure may be

an offence in respect of which a law of a participating jurisdiction;

"statistical index" means an index of information

that—

(a) material taken from persons in
accordance with this Subdivision or

is obtained from the analysis of forensic participating jurisdiction; and

(b)	has been compiled for statistical purposes; and
(c)	cannot be used to discover the identity of persons from whom the forensic material was taken;

"suspects index" means an index of DNA

profiles derived from forensic material taken
from suspects in accordance with section
464R, 464T or 464U or under a
corresponding law of a participating
jurisdiction;

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 6

"unknown deceased persons index" means an index of DNA profiles of deceased persons whose identities are unknown where the

DNA profile is derived from forensic material;

"volunteer" means a person who volunteers to give a sample under section 464ZGB;

"volunteers (limited purposes) index" means an index of DNA profiles derived from forensic material taken from volunteers, under

section 464ZGB or a corresponding law of a
participating jurisdiction, who have chosen
that the information obtained from analysis
of the material may be used only for a
limited purpose that is specified by the

volunteer and noted on the index;

"volunteers (unlimited purposes) index" means

an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding
law of a participating jurisdiction, who have
chosen that the information obtained from
analysis of the material may be used for the
purpose of a criminal investigation or any
other purpose for which the DNA database

may be used;'.

6. Informed consent

In section 464S(1) of the Principal Act, after paragraph (e) insert—

"(ea) that information obtained from analysis of

forensic material obtained by the procedure will be placed on a DNA database and may be used for the purpose of a criminal
investigation or any other purpose for which
the DNA database may be used under this

Crimes (DNA Database) Act 2002

s. 7 Act No. 16/2002

Subdivision or under a corresponding law of a participating jurisdiction; and".

7. Procedure for taking mouth scrapings

(1) In section 464Z of the Principal Act, after sub-

section (1) insert—

"(1A) The Chief Commissioner of Police may

authorise a member of the police force, or a
class of members of the police force, to
supervise the taking of scrapings from the
mouth for the purposes of sub-section (3A).".

(2) In section 464Z(2) of the Principal Act, after "(1)"

insert "or (1A)".

(3) In section 464Z(3)(c) of the Principal Act, for "this section" substitute "sub-section (1)".

(4) In section 464Z of the Principal Act, after sub-

section (3) insert—

"(3A) Nothing in sub-section (3) prevents a person from whom a scraping from the mouth is to be taken from taking the scraping himself or herself under the supervision of a member of the police force authorised in accordance

with sub-section (1A) if—

(a)	the member considers it appropriate for the person to do so; and
(b)	the person consents to taking the scraping and the consent is recorded by tape-recording or in writing signed by the person.

(3B) The member of the police force referred to in

sub-section (3A) must give or send by
registered post to the person from whom a
scraping is taken or his or her legal
practitioner, without charge—

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 8

(a)	if the consent is tape-recorded, a copy of the tape-recording as soon as practicable but not more than 7 days after the consent is given, and, if a transcript of the tape-recording is prepared, a copy of the transcript as soon as practicable; and
(b)	if the consent is recorded in writing, a copy of the record forthwith.".

(5) In section 464Z(6) of the Principal Act—

(a)

in paragraph (ab), after "physical section (9),";

(b) in paragraph (c), after sub-paragraph (iii) insert—

" ; and

(iv)  a member of the police force referred to in sub-section (3A).".

(6) In section 464Z of the Principal Act, after sub-

section (8) insert—

"(9) If a scraping is to be taken from a person's

mouth and the person is to take it, the
witness required by sub-section (6)(ab) to be
present need not be of the same sex as the
person.".

8. Execution of order for mouth scraping

(1) In section 464ZA(4) of the Principal Act, after

"blood sample" insert "or a scraping from a
person's mouth taken by that person".

(2) In section 464ZA(5) of the Principal Act, after "procedures" insert "(except a scraping from a person's mouth taken by that person)".

9. Evidence relating to forensic procedures

Crimes (DNA Database) Act 2002

s. 10 Act No. 16/2002

In section 464ZE(1) of the Principal Act, after

"(4)" insert "and section 464ZGO".

10. Forensic procedure after forensic sample offence

In section 464ZF of the Principal Act, after sub- section (2) insert—

"(2A) An order under sub-section (2) in respect of a person who is not a detained or protected person must include a direction that the

person attend—

(a) at a place; and

(b) within a period, commencing after the expiry of the period referred to in sub- section (6) during which the order must

not be executed—

specified in the order to undergo the forensic

procedure.".

11. New section 464ZFAA inserted

After section 464ZF of the Principal Act insert—

"464ZFAA. Notice to attend for forensic procedure

(1) If a member of the police force of or above the rank of senior sergeant is satisfied that—

(a) an order under section 464ZF(2) in respect of a person was made—

(i)

before the commencement of Database) Act 2002; or

(ii) protected person and within the

when the person was a detained or preceding the serving of the notice

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 11

the person ceased to be a detained

or protected person; and

(b) the order has not been executed; and

(c) the period referred to in section 464ZF(6) during which the order must not be executed has expired—

the member may serve on the person a notice
in accordance with sub-sections (2) and (3).

(2) A notice must direct the person to attend at a

police station specified in the notice within
28 days after service of the notice to undergo
the forensic procedure ordered by the court
and must state—

(a) the date on which the order under section 464ZF(2) was made;

(b) the court which made the order;

(c)	that the person has not undergone the forensic procedure;
(d)	that if the person fails to comply with the notice, application for a warrant to arrest the person may be made without further notice to the person;
(e)	that the person may wish to seek legal advice as to the effect of the notice;
(f)	the name, rank and telephone number of the member serving the notice.

(3) A copy of the order under section 464ZF(2)

must be attached to and served with the
notice.

(4) A notice may be served on a person by—

(a) delivering a true copy of the notice to the person personally; or

Crimes (DNA Database) Act 2002

s. 11 Act No. 16/2002

(b)	leaving a true copy of the notice for the person at the person's last or most usual place of residence or business with a
person who apparently resides or works there and who is apparently not less than 16 years of age; or
(c)	posting the notice to the person at their last known place of residence or business.

(5) If a notice is served by post in accordance

with sub-section (4)(c), evidence of service
must state the manner of ascertainment of the
address to which the notice was posted and
the time and place of posting.

(6) If a person does not comply with a notice served under this section, a member of the police force may apply to a magistrate or a registrar of the Magistrates' Court for a

warrant under sub-section (7). (7) If a magistrate or a registrar to whom such an

application is made is satisfied by evidence

on oath or by affidavit that—

(a)	a notice was served on a person in accordance with this section; and
(b)	the person has not undergone the forensic procedure—

the magistrate or registrar may issue a
warrant authorising the person to whom it is

directed, if necessary—

(c) night any place where the person

to break, enter and search by day or by and

(d) to arrest the person; and

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 12

(e) to detain the person for as long as reasonably permits the conduct of the forensic procedure.

(8) Section 464ZFA(2), (3), (4), (5), (6) and (7) apply to a warrant issued under sub-section (7) as if it were a warrant issued under

section 464ZFA(1B).".

12. Warrant in event of non-attendance

(1) In section 464ZFA of the Principal Act, after sub- section (1) insert—

"(1A) If a court makes an order under section

464ZF(2) directing a person to undergo a
forensic procedure and the person does not
comply with a direction referred to in section
464ZF(2A), a member of the police force
may apply to a magistrate or a registrar of
the Magistrates' Court for a warrant under
sub-section (1B).

(1B) If a magistrate or a registrar to whom such an

application is made is satisfied by evidence
on oath or by affidavit that the person has not
complied with a direction referred to in
section 464ZF(2A), the magistrate or
registrar may issue a warrant authorising the
person to whom it is directed, if necessary—

(a) night any place where the person

to break, enter and search by day or by and

(b) to arrest the person; and

(c) to detain the person for as long as reasonably permits the conduct of the forensic procedure.".

(2) In section 464ZFA of the Principal Act—
Crimes (DNA Database) Act 2002

s. 12 Act No. 16/2002

(a)	in sub-section (2), after "(1)" insert "or (1B)";
(b)	in sub-section (3), after "(1)" insert "or (1B)";

(c) in sub-section (4)—

(i)  for "(1) it must" substitute "(1) or a magistrate or registrar issues a warrant under sub-section (1B), the court, magistrate or registrar must";

(ii)  in paragraph (a), for "its" substitute "the";

(d) in sub-section (5)—

(i)  after "court" insert ", magistrate or registrar";

(ii)  for "by it" substitute "by the court, magistrate or registrar";

(e) in sub-section (6), after "(1)" insert "or (1B)".

(3) In section 464ZFA of the Principal Act, after sub- section (6) insert—

"(7) A member of the police force who executes a

warrant issued under sub-section (1B) must,
as soon as practicable after executing the
warrant—

(a) endorse the warrant to that effect; and

(b) cause to be lodged with a registrar of the Magistrates' Court a report signed by the member and containing

particulars of—

(i)  the date and time at which the person was arrested;

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 13

(ii)  the date and time at which the person was released from custody;

(iii)

the date, time and place at which conducted;

(iv) person who conducted the forensic

the name and position of the present;

(v) the type of sample taken;

(vi)  whether reasonable force was used to enable the forensic procedure to be conducted.".

13. Retention of sample following finding of guilt

(1) In section 464ZFB(1) of the Principal Act—

(a)	for "within 6 months" substitute "at any time after the finding of guilt but not later than 6 months";
(b)	after "may apply to" insert "the court referred to in paragraph (b) or to".

(2) In section 464ZFB of the Principal Act, after sub-

section (2) insert—

"(2A) An order made under sub-section (1) before the expiry of the appeal period in respect of the offence or the final determination of an appeal (whichever is the later)—

(a)	takes effect on that expiry or final determination; and
(b)	has no effect if, on appeal, the finding of guilt or conviction is quashed.".

14. Computerised databases

Crimes (DNA Database) Act 2002

s. 15 Act No. 16/2002

In section 464ZFD(2) of the Principal Act, for
"computerised database" substitute "DNA

database".

15. Information given to volunteers

In section 464ZGB(3) of the Principal Act, for paragraph (b) substitute—

"(b) that information obtained from the analysis will be placed on a DNA database and may be used for the purpose of a criminal

investigation or any other purpose for which a participating jurisdiction;

the DNA database may be used under this

(ba) that the person may choose whether the

information obtained from analysis of the
sample may be used—

(i)  only for a limited purpose to be specified by the volunteer; or

(ii)  for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction;

(bb) that information obtained from the analysis

could produce evidence to be used in a
court;".

16.  New headings and sections 464ZGG to 464ZGO inserted

After section 464ZGF of the Principal Act insert—

'DNA database system

Crimes (DNA Database) Act 2002

Act No. 16/2002

464ZGG. Supply of forensic material for purposes of

DNA database

(1) In this section—

"excluded forensic material" means

forensic material—

(a) found at a crime scene; or

(b) accordance with this Subdivision

taken from a suspect in participating jurisdiction; or

(c) taken from an offender under section 464ZF or 464ZGB or under a corresponding law of a

participating jurisdiction; or

(d)	taken from the body of a deceased person; or
(e)	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 a DNA database when the forensic material is required to be

destroyed by this Subdivision or under a corresponding law of a participating jurisdiction.

(2) A person—

(a) whose conduct causes the supply of forensic material taken from a person under this Subdivision (or under a corresponding law of a participating

Crimes (DNA Database) Act 2002

s. 16	Act No. 16/2002
jurisdiction) to a person for prohibited analysis; and

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

is guilty of a summary offence and liable to
level 8 imprisonment (1 year maximum) or a

level 8 fine (120 penalty units maximum).

(3) A person—

(a)	whose conduct causes the supply of forensic material (other than excluded forensic material) to a person for analysis for the purpose of deriving a DNA profile for inclusion on a DNA database; and
(b)	who intends or is reckless as to the supply of material of that kind—

is guilty of a summary offence and liable to
level 8 imprisonment (1 year maximum) or a

level 8 fine (120 penalty units maximum).

464ZGH. Use of information on DNA database

system

(1) A person who accesses information stored on

the DNA database system except in
accordance with this section is guilty of a
summary offence and liable to level 8
imprisonment (1 year maximum) or a level 8
fine (120 penalty units maximum).

(2) A person may access information stored on

the DNA database system for one or more of
the following purposes—

(a) forensic comparison permitted under
section 464ZGI (permissible matching);

Crimes (DNA Database) Act 2002

s. 16
s. 16

Act No. 16/2002

(b)

making the information available, in person to whom the information relates;

(c)	administering the DNA database system;
(d)	entered into between Victoria and the Commonwealth, another State or a Territory for the provision of access to information contained in the DNA database system by law enforcement

in accordance with an arrangement authorised in writing by the Chief Commissioner of Police;

(e) Assistance in Criminal Matters Act
1987 of the Commonwealth or the

in accordance with the Mutual Commonwealth;

(f) a coronial investigation or inquest;

(g) an investigation of a complaint by—

(i)	the Privacy Commissioner appointed under the Information Privacy Act 2000; or
(ii)	the Health Services Commissioner within the meaning of the Health Records Act 2001 for the purposes of that Act; or
(iii)	the Ombudsman appointed under the Ombudsman Act 1973.

(3) This section does not apply to information that cannot be used to discover the identity of any person.

464ZGI. Permissible matching of DNA profiles

Crimes (DNA Database) Act 2002

s. 16 Act No. 16/2002

(1) A matching of a DNA profile on an index of

column 1 of the following Table with a DNA
profile on another index of the system
specified in column 2, 3, 4, 5, 6, 7 or 8 of the

the DNA database system specified in if—

(a)

specified in column 2, 3, 4, 5, 6, 7 or 8

"no" is shown in relation to the index column 1; or

(b) "only if within purpose" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1 and the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed.

TABLE

Profile to be	Is matching
matched	permitted?
Column 1	Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8

Volunteers Volunteers Unknown

Crime (limited (unlimited Serious Missing deceased

Scene Suspects purposes) purposes) offenders persons persons

1. crime	yes	yes	no	yes	yes	yes	yes
scene
2. suspects	yes	no	no	no	yes	no	yes
3. volunteers	only if	no	no	no	only if	only if	only if
(limited	within	within	within	within
purposes)	purpose	purpose	purpose	purpose
4. volunteers	yes	no	no	no	yes	yes	yes
(unlimited purposes)
5. serious	yes	yes	no	no	yes	yes	yes
offenders
6. missing	yes	yes	yes	yes	yes	yes	yes
persons
7. unknown	yes	yes	yes	yes	yes	yes	no
deceased persons

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 16

(2) A person—

(a)	whose conduct causes the matching that is not permitted by this Subdivision of a DNA profile on an index of the DNA
database system with a DNA profile on the same or another index of the DNA database system; and
(b)	who intends or is reckless as to any such matching of profiles—

is guilty of a summary offence and liable to
level 8 imprisonment (1 year maximum) or a

level 8 fine (120 penalty units maximum).

(3) A person is not guilty of an offence against

a matching that is not permitted by this

sub-section (2) if the person's conduct causes the purpose of administering the DNA database system.

464ZGJ. Recording, retention and removal of

identifying information on DNA database

system

(1) In this section—

"identifying information" means any

information that could be used—

(a) person from whose forensic

to discover the identity of the derived; or

(b) to get information about an identifiable person;

"identifying period" for a DNA profile

means—

(a) except as provided by
paragraphs (b) and (c), the period

Crimes (DNA Database) Act 2002

s. 16 Act No. 16/2002

of 12 months after the DNA profile is placed on the DNA database system;

(b) forensic material taken from a
volunteer—the period after the
DNA profile is placed on the
DNA database system that is

if the DNA profile is derived from of Police and the volunteer;

(c) forensic material taken from a
deceased person (not being a
person who was a volunteer)
whose identity is known—the
period for which the Chief
Commissioner of Police orders the
responsible person to retain

if the DNA profile is derived from the profile;

"responsible person", in relation to the

DNA database system, means the
person responsible for the care, control
and management of the system.

(2) A person who intentionally or recklessly

causes any identifying information obtained
from forensic material to be recorded or
retained in a DNA database system at any
time after this Subdivision requires the
forensic material to be destroyed is guilty of
a summary offence and liable to level 8
imprisonment (1 year maximum) or a level 8
fine (120 penalty units maximum).

(3) A responsible person who does not ensure that any identifying information relating to a purposes) index or volunteers (limited

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 16

purposes) index of the DNA database system
is removed from the system as soon as
practicable after the end of the identifying
period for the profile is guilty of a summary
offence and liable to level 8 imprisonment
(1 year maximum) or a level 8 fine
(120 penalty units maximum).

(4) A responsible person who does not ensure

that any identifying information relating to a
DNA profile of an offender on the serious
offenders index of the DNA database system
is removed from the system as soon as
practicable after becoming aware that the
offender has been pardoned or acquitted of
the offence concerned or if the conviction
has been quashed is guilty of a summary
offence and liable to level 8 imprisonment
(1 year maximum) or a level 8 fine
(120 penalty units maximum).

464ZGK. Disclosure of information

(1) A person who—

(a)	has access to any information stored on the DNA database system or to any other information revealed by a forensic procedure carried out on a suspect, offender or volunteer; and
(b)
is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).	intentionally or recklessly causes the provided by this section—

(2) A person may only disclose information

stored on the DNA database system for one
or more of the following purposes—

Crimes (DNA Database) Act 2002

s. 16 Act No. 16/2002

(a)	forensic comparison in the course of a criminal investigation by a member of the police force or any other person
authorised in writing by the Chief Commissioner of Police;
(b)

making the information available, in person to whom the information relates;

(c)	administering the DNA database system;
(d)	entered into between Victoria and the Commonwealth, another State or a Territory for the provision of access to information contained in the DNA database system by law enforcement

in accordance with any arrangement authorised in writing by the Chief Commissioner of Police;

(e) Assistance in Criminal Matters Act
1987 of the Commonwealth or the

in accordance with the Mutual Commonwealth;

(f) a coronial investigation or inquest;

(g) an investigation of a complaint by—

(i)	the Privacy Commissioner appointed under the Information Privacy Act 2000; or
(ii)	the Health Services Commissioner within the meaning of the Health Records Act 2001 for the purposes of that Act; or
(iii)	the Ombudsman appointed under the Ombudsman Act 1973.

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 16

(3) A person may only disclose information revealed by the carrying out of a forensic procedure as follows—

(a)	if the person is the suspect, offender or volunteer to whom the information relates;
(b)	if the information is already publicly available;
(c)	in accordance with any other provision of this Subdivision;
(d)	Assistance in Criminal Matters Act 1987 of the Commonwealth or the

in accordance with the Mutual Commonwealth;

(e)	for the purposes of the investigation of an offence or offences generally;
(f)	for the purpose of a decision whether to institute proceedings for an offence;
(g)	for the purpose of proceedings for an offence;
(h)	for the purpose of a coronial investigation or inquest;

(i)  for the purpose of civil proceedings (including disciplinary proceedings) that relate to the way in which the

procedure is carried out;

(j)

for the purpose of the suspect's, treatment;

(k) for the purpose of the medical treatment of a person if necessary to prevent or lessen a serious threat to that person's life or health;

Crimes (DNA Database) Act 2002

s. 16 Act No. 16/2002

(l)	if necessary to prevent or lessen a serious threat to public health;
(m)	if the suspect, offender or volunteer consents in writing to the disclosure.

(4) This section does not apply to information that cannot be used to discover the identity of any person.

Inter-jurisdictional enforcement

464ZGL. Registration of orders

(1) The Minister may enter into arrangements

with the responsible Ministers of the
participating jurisdictions for the
establishment and maintenance, in one or
more of those jurisdictions, of a register of
orders for the carrying out of forensic
procedures made under this Subdivision or
corresponding laws of participating
jurisdictions.

(2) An order is registered when a copy of the

order (being a copy certified by the person
who made it) is registered in accordance with
the law of the participating jurisdiction in
which the register is kept.

(3) An application for registration of an order, or

for cancellation of registration of an order, may be made by an appropriate authority.

464ZGM. Carrying out of registered orders

(1) A person is authorised to carry out the

forensic procedure authorised by an order
that is registered in accordance with an
arrangement referred to in section
464ZGL(1) anywhere in Victoria. The
person is authorised to carry out the

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Act No. 16/2002 s. 16

procedure in accordance with sections 464Y,
464Z and 464ZA and not otherwise.

(2) A member of the police force, or other

person assisting a member in accordance
with this Subdivision or a corresponding law
of a participating jurisdiction, is not
compelled by this Subdivision, or an
arrangement referred to in section
464ZGL(1), to execute an order registered
under such an arrangement.

464ZGN. Database information

(1) The Minister may enter into arrangements

with a responsible Minister of a participating
jurisdiction under which—

(a)	information from the DNA database system of Victoria that may be relevant to the investigation of an offence against the law of the participating jurisdiction is to be transmitted to the appropriate authority in that jurisdiction for the purpose of the investigation of, or proceedings in respect of, that offence; and
(b)	system of the participating jurisdiction that may be relevant to the investigation

information from a DNA database Victoria is to be transmitted to the Chief Commissioner of Police for the purposes of the investigation of, or proceedings in respect of, that offence.

(2) Information that is transmitted under this

section must not be recorded or maintained in any database of information that may be used to discover the identity of a person or to

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s. 16 Act No. 16/2002

obtain information about an identifiable
person at any time after this Subdivision or a
corresponding law of a participating
jurisdiction requires the forensic material to
which it relates to be destroyed.

464ZGO. Taking, retention and use of forensic material authorised by laws of other jurisdictions

(1) Subject to section 464ZGM and this section,

nothing in this Subdivision affects the
taking, retention or use of forensic material,
or information obtained from forensic
material, if the taking, retention or use of the
material is authorised by or under a
corresponding law of the Commonwealth,
another State or a Territory.

(2) Forensic material taken, or information

corresponding law of the Commonwealth,
another State or a Territory may be retained
or used for investigative, evidentiary or
statistical purposes even if its retention or
use would, but for this sub-section, constitute
a contravention of a provision of this

obtained from it, in accordance with a forensic procedures.

(3) Forensic material taken, or information

obtained from it, in accordance with a law of
the Commonwealth, another State or a
Territory as in force immediately before the
commencement of section 16 of the Crimes
(DNA Database) Act 2002, may be retained
or used for investigative, evidentiary or
statistical purposes even if its retention or
use would, but for this sub-section, constitute
a contravention of a provision of this

Crimes (DNA Database) Act 2002

Act No. 16/2002 s. 17

Subdivision relating to the carrying out of forensic procedures.'.

17. Relevant suspect

(1) In section 464(2) of the Principal Act, in the

definition of "relevant suspect" for "248"
(wherever occurring) substitute "249, 250, 251,

317, 317A".

(2) In section 464U(3) of the Principal Act, for "248"

(wherever occurring) substitute "249, 250, 251,

317, 317A".

18. Forensic sample offences

(1) In Schedule 8 to the Principal Act—

(a) after item 6 insert—

"6A. The common law offence of false

imprisonment.";

(b) in item 21, for "248" substitute "249, 250 or 251";

(c) after item 21 insert—

"Explosive Substances

21A. An offence against section 317 (offences

connected with explosive substances) of the
Crimes Act 1958.

21B. An offence against section 317A (bomb hoaxes) of the Crimes Act 1958.

Parties to Offence

21C. An offence against section 325(1) (assisting

offender) of the Crimes Act 1958 if the
principal offence was any other forensic sample
offence.".

(2) In Schedule 8 to the Principal Act—
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s. 19 Act No. 16/2002

(a)	in item 22, after "71" insert "of the Drugs, Poisons and Controlled Substances Act 1981";
(b)	in item 23, after "71AA" insert "of the Drugs, Poisons and Controlled Substances Act 1981";
(c)	in item 24, after "71AB" insert "of the Drugs, Poisons and Controlled Substances Act 1981";
(d)	in item 25, after "71AC" insert "of the Drugs, Poisons and Controlled Substances Act 1981";
(e)	in item 26, after "72" insert "of the Drugs, Poisons and Controlled Substances Act 1981";
(f)	in item 27, after "72A" insert "of the Drugs, Poisons and Controlled Substances Act 1981";
(g)	in item 28, after "72B" insert "of the Drugs, Poisons and Controlled Substances Act 1981".

19. New section 596 inserted

At the end of Part 7 of the Principal Act insert—

"596. Transitional provisions—Crimes (DNA

Database) Act 2002

(1) The amendments of section 464Z of this Act

made by section 7 of the Crimes (DNA scraping of the mouth on or after the commencement of section 7 of that Act.

(2) The amendment of section 464ZFB of this

Act made by section 13 of the Crimes (DNA
Database) Act 2002 applies to a person

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Act No. 16/2002 s. 19

found guilty of an offence on or after the commencement of section 13 of that Act.

(3) The amendment of this Act made by

section 16 of the Crimes (DNA Database) offence, irrespective of when the offence is alleged to have been committed.

(4) The amendments of this Act made by

section 17 of the Crimes (DNA Database) Act 2002 only apply to offences alleged to have been committed on or after the

commencement of section 17 of that Act.

(5) The amendments of this Act made by

section 18(1) of the Crimes (DNA alleged to have been committed on or after the commencement of section 18(1) of that Act.

(6) For the purposes of sub-sections (4) and (5),

if an offence is alleged to have been
committed between two dates, one before
and one after the commencement of
section 17 or 18(1) (as the case requires) of
the Crimes (DNA Database) Act 2002, the
offence is alleged to have been committed
before that commencement.".

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Crimes (DNA Database) Act 2002

Endnotes Act No. 16/2002

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 29 November 2001

Legislative Council: 20 March 2002

The long title for the Bill for this Act was "to amend the Crimes Act
1958 with respect to forensic samples and for other purposes."