New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) A matching of a DNA profile on an index of the DNA database system specified at the top of a column of the table to this subsection with a DNA profile on an index of the system specified in column 1 of a row of the table--(a) is not permitted by this Part if "no" is shown at the intersection of the relevant row and column, and(b) is permitted by this Part if "yes" is shown at the intersection of the relevant row and column, and(c) is permitted by this Part in connection with the volunteers (limited purposes) index if "only if within purpose" is shown at the intersection of the relevant row and column, but only if the matching is for a purpose for which the relevant DNA profile was placed on that index.
Index of 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) offenders missing persons unknown deceased persons crime scene yes yes only if within purpose yes yes yes yes suspects yes yes no no yes yes yes volunteers (limited purposes) only if within purpose no no no only if within purpose only if within purpose only if within purpose volunteers (unlimited purposes) yes no no no yes yes yes 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
(3) A person--(a) whose conduct gives rise to a matching that is not permitted by this Part of a DNA profile on an index of the DNA database system with a DNA profile on the same or another index of the DNA database system, and(b) who intends or is reckless as to any such matching of profiles,is guilty of an offence.: Maximum penalty--100 penalty units or 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 Part if the matching is solely for the purpose of administering the DNA database system.