Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A matching of a DNA profile on an index of the ACT DNA database mentioned in table 97, column 1 with a DNA profile on another index of the database mentioned in column 2, 3, 4, 5, 6, 7 or 8 is not permitted by this Act if—
(a) ‘only if within purpose' is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1; and
(b) the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed.
(2) A matching of a DNA profile on an index of the ACT DNA database mentioned in table 97, column 1 with a DNA profile on another index of the database mentioned in column 2, 3, 4, 5, 6, 7 or 8 is permitted by this Act if—
(a) ‘yes' is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the index mentioned in column 1; or
(b) ‘only if within purpose' is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1 and the matching is carried out for a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed.
(3) A person commits an offence if—
(a) the person's conduct causes the matching that is not permitted by this Act of a DNA profile on an index of the ACT DNA database with a DNA profile on the same or another index of the ACT DNA database; and
(b) the person intends, or is reckless about, the matching.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(4) This section does not make it an offence for conduct to cause a matching that is not permitted by this Act if the matching is solely for the purpose of administering the ACT DNA database.
Table 97 Table of permissible matching of DNA profiles
|
profile to be matched |
is matching permitted? | ||||||
|---|---|---|---|---|---|---|---|
|
column 1 |
column 2 |
column 3 |
column 4 |
column 5 |
column 6 |
column 7 |
column 8 |
| |
crime scene |
suspects |
volunteers (limited purposes) |
volunteers (unlimited purposes) |
serious offenders |
missing persons |
unknown deceased persons |
|
crime scene | yes | yes | only if within purpose | yes | yes | yes |
yes |
|
suspects | yes | yes | only if within purpose | yes | yes | yes | yes |
|
volunteers (limited purposes) | only if within purpose | only if within purpose | only if within purpose | only if within purpose | only if within purpose | only if within purpose | only if within purpose |
|
volunteers (unlimited purposes) | yes | yes | only if within purpose | yes | yes | yes | yes |
|
serious offenders | yes | yes | only if within purpose | yes | yes | yes | yes |
|
missing persons | yes | yes | only if within purpose | yes | yes | yes |
yes |
|
unknown deceased persons | yes | yes | only if within purpose | yes | yes | yes | yes |