Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if—
(a) the person's conduct causes the supply of forensic material taken from anyone under this Act (or under a law of another jurisdiction prescribed by regulation for this subsection) to anyone for prohibited analysis; and
(b) the person intends, or is reckless about, the supply of material of that kind.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2) A person commits an offence if—
(a) the person's conduct causes the supply of forensic material (other than excluded forensic material) to anyone for analysis for the purpose of deriving a DNA profile for inclusion on an index of the ACT DNA database; and
(b) the person intends, or is reckless about, the supply of material of that kind.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(3) In this section:
"excluded forensic material" means forensic material—
(a) found at a crime scene; or
(b) taken from a suspect in relation to a serious offence 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
(c) taken from a serious offender or volunteer under part 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders) or part 2.8 (Carrying out of forensic procedures on volunteers and certain other people); or
(d) taken from the body of a dead 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 dead or missing person; or
(g) taken under a law of another jurisdiction prescribed by regulation for this definition.
"law", of another jurisdiction, means a law, or a provision of a law, of the Commonwealth or a State, whether or not the law is a corresponding law.
"prohibited analysis", of forensic material, means analysis for the purpose of deriving a DNA profile for inclusion on an index of the ACT DNA database if—
(a) this Act or a law of another jurisdiction prescribed by regulation requires the material to be destroyed; or
(b) a court orders that the material be destroyed.