Australian Capital Territory Current Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 102

    (1)     The Minister may enter into arrangements with the responsible Minister of another participating jurisdiction under which—

        (a)     information from the ACT DNA database is to be provided to the appropriate authority for the jurisdiction for either or both of the following purposes:

              (i)     the investigation of, or the conduct of a proceeding for, an offence against a law of the Territory or the participating jurisdiction;

              (ii)     the identification of missing or dead people; and

        (b)     information from a DNA database of the participating jurisdiction is to be provided to the appropriate authority for the Territory for either or both of the following purposes:

              (i)     the investigation of, or the conduct of a proceeding for, an offence against a law of the Territory or the participating jurisdiction;

              (ii)     the identification of missing or dead people.

    (2)     Without limiting subsection (1), the Minister may enter into arrangements with the responsible Minister of the Commonwealth under which information from the ACT DNA database (the Territory's information ) is to be provided to the appropriate authority for the Commonwealth for the purpose of the authority—

        (a)     comparing the information with information provided to the authority from a DNA database of another participating jurisdiction (the participating jurisdiction's information ); and

        (b)     identifying to the appropriate authority for the Territory any matches that are found as a result of the comparison; and

        (c)     providing the Territory's information in relation to those matches to the appropriate authority for the Commonwealth or the appropriate authority of the participating jurisdiction; and

        (d)     providing the participating jurisdiction's information in relation to those matches to the appropriate authority for the Territory.

    (3)     An arrangement mentioned in this section may not authorise the comparison of information to match DNA profiles in a way that would contravene section 97 (Permissible matching of DNA profiles) were the information contained wholly on the ACT DNA database.

    (4)     Information that is provided under this section must not be recorded or maintained on any database of information that may be used to discover the identity of a person or to obtain information about an identifiable person—

        (a)     at any time after this Act or a corresponding law of another participating jurisdiction requires the forensic material to which it relates to be destroyed; or

        (b)     if a court orders that the forensic material to which it relates be destroyed—

              (i)     if no appeal against the order is made during the appeal period—at any time after the appeal period; or

              (ii)     if an appeal against the order is made during the appeal period—at any time after the appeal is finally decided, if the result is that the order is confirmed (however described).