Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if—
(a) this Act requires that forensic material taken from someone else (the relevant person ) under this Act be destroyed; and
(b) the person's conduct causes any identifying information about the relevant person obtained from the forensic material to be recorded or retained on the ACT DNA database at any time after the material is required to be destroyed under this Act; and
(c) the person intends, or is reckless about, the recording or retention.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2) A person commits an offence if—
(a) a court orders that forensic material taken from someone else (the relevant person ) under this Act be destroyed; and
(b) the person's conduct causes any identifying information about the relevant person obtained from the forensic material to be recorded or retained on the ACT DNA database—
(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); and
(c) the person intends, or is reckless about, the recording or retention.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(3) The responsible person for the ACT DNA database must ensure that any identifying information relating to a person from whose forensic material a DNA profile on the volunteers (unlimited purposes) index or volunteers (limited purposes) index of the ACT DNA database was derived is removed from the database as soon as practicable after—
(a) the end of the identifying period for the profile; or
(b) if an application is made under section 84 (Retention of forensic material etc by order of magistrate) for retention of the information—a magistrate does not order the retention; or
(c) if a magistrate orders retention under section 84—the end of the period stated in the order for which the information may be retained.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(4) The responsible person for the ACT DNA database must ensure that any identifying information relating to a DNA profile of a serious offender on the serious offenders index of the ACT DNA database is removed from the database as soon as practicable after becoming aware that the serious offender has been pardoned or acquitted of the serious offence concerned or that the serious offender's conviction for the serious offence concerned has been quashed.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(5) The responsible person for the ACT DNA database must ensure that any identifying information relating to a DNA profile of a suspect on the suspects index of the ACT DNA database is removed from the database as soon as practicable after the information is required to be removed under section 98A.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(6) In this section:
"identifying information" means any information in electronic form that could be used—
(a) to discover the identity of the person from whose forensic material the DNA profile was derived; or
(b) to get information about an identifiable person.
"identifying period", for a DNA profile, means—
(a) the period of 1 year after the DNA profile is placed on the ACT DNA database; or
(b) if the DNA profile is derived from forensic material taken from a volunteer—the agreed retention period; or
(c) if the DNA profile is derived from forensic material taken from a dead person (other than a person who was a volunteer) whose identity is known—the period the chief police officer orders the responsible person for the ACT DNA database to retain identifying information relating to the profile.