Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this Act:
"ACT DNA database"—see section 94A.
"crime scene index" means—
(a) an index of DNA profiles derived from forensic material found—
(i) at any place (whether in or outside Australia) where a serious offence was, or is reasonably suspected of having been, committed; or
(ii) on or within the body of the victim, or a person reasonably suspected of being a victim, of a serious offence; or
(iii) on anything worn or carried by the victim when a serious offence was, or is reasonably suspected of having been, committed; or
(iv) on or within the body of anyone, on anything, or at any place, associated with the commission of a serious offence; or
(b) a corresponding DNA index prescribed by regulation for this definition.
"DNA database system" means a database (whether in computerised or other form and however described) containing—
(a) 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;
(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 index prescribed by regulation.
"missing persons index" means—
(a) an index of DNA profiles derived from forensic material of—
(i) people who are missing; and
(ii) volunteers who are relatives by blood of missing people; or
(b) a corresponding DNA index prescribed by regulation for this definition.
"serious offenders index" means—
(a) an index of DNA profiles derived from forensic material taken—
(i) under part 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders) from serious offenders; or
(ii) under part 2.3 (Forensic procedures by consent of suspect), part 2.4 (Non-intimate forensic procedures on suspect by order of police officer) or part 2.5 (Forensic procedures on suspect by order of magistrate) from suspects who have been convicted of a serious offence; or
(b) a corresponding DNA index prescribed by regulation for this definition.
"statistical index" means—
(a) an index of information that—
(i) is obtained from the analysis of forensic material taken from people under this Act; and
(ii) has been compiled for statistical purposes; and
(iii) cannot be used to discover the identity of people from whom the forensic material was taken; or
(b) a corresponding statistical index prescribed by regulation for this definition.
"suspects index" means—
(a) an index of DNA profiles derived from forensic material taken from suspects under part 2.3 (Forensic procedures by consent of suspect), part 2.4 (Non-intimate forensic procedures on suspect by order of police officer) or part 2.5 (Forensic procedures on suspect by order of magistrate); or
(b) a corresponding DNA index prescribed by regulation for this definition.
"unknown deceased persons index" means—
(a) an index of DNA profiles derived from forensic material of dead people whose identities are unknown; or
(b) a corresponding DNA index prescribed by regulation for this definition.
"volunteers (limited purposes) index" means—
(a) an index of DNA profiles derived from forensic material taken under part 2.8 (Carrying out of forensic procedures on volunteers and certain other people) from volunteers who (or whose parents or guardians) have been informed that information obtained will be used only for the purpose of a criminal investigation or any other purpose for which the ACT DNA database may be used under this part; or
(b) a corresponding DNA index prescribed by regulation for this definition.
"volunteers (unlimited purposes) index" means—
(a) an index of DNA profiles derived from material taken—
(i) under part 2.8 (Carrying out of forensic procedures on volunteers and certain other people) from volunteers who (or whose parents, guardians or close associates) have been informed under section 80 (3) (c) (Informed consent of volunteer or parent, guardian or close associate of volunteer) that information obtained may be used for a criminal investigation or any other purpose for which the ACT DNA database may be used; or
(ii) from dead people whose identity is known; or
(b) a corresponding DNA index prescribed by regulation for this definition.
(2) In this section:
"corresponding DNA index" means an index of DNA profiles established, kept or maintained under a law, or a provision of a law, of the Commonwealth or a State, whether or not the law or provision is a corresponding law.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
"corresponding statistical index "means an index of information obtained from the analysis of forensic material that is established, kept or maintained under a law, or a provision of a law, of the Commonwealth or a State, whether or not the law or provision is a corresponding law.