Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A matching of a DNA profile on an index of the Commonwealth DNA database system specified in column 1 of the following table with a DNA profile on another index of the system specified in column 2, 3, 4, 5, 6, 7 or 8 of the table is not permitted by this Part if:
(a) "no" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the index specified in column 1; or
(b) "only if within purpose" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1 and the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed.
Profile to be matched | Is matching permitted? | ||||||
Column 1 | Column 2 | Column 3 | Column 4 | Column 5
| Column 6 | Column 7 | Column 8 |
1. crime scene | yes | yes | only if within purpose | yes | yes | yes | yes |
2. suspects | yes | yes | only if within purpose | yes | yes | yes | yes |
3. 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 |
4. volunteers (unlimited purposes) | yes | yes | only if within purpose | yes | yes | yes | yes |
yes | yes | only if within purpose | yes | yes | yes | yes | |
6. missing persons | yes | yes | only if within purpose | yes | yes | yes | yes |
7. | yes | yes | only if within purpose | yes | yes | yes | yes |
(2) A person commits an offence if:
(a) the person's conduct causes the matching that is not permitted by this Part of a DNA profile on an index of the Commonwealth DNA database system with a DNA profile on the same or another index of the Commonwealth DNA database system; and
(b) the person is reckless as to any such matching of profiles.
Penalty: Imprisonment for 2 years.
(3) This section does not make it an offence for conduct to cause a matching that is not permitted by this Part if the matching is solely for the purposes of administering the Commonwealth DNA database system.
Note: A defendant bears the evidential burden in relation to the matter in subsection (3)--see subsection 13.3(3) of the Criminal Code .