South Australian Numbered Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SECT 42

42—Storage of information on DNA database system

        (1)         A person who stores a DNA profile derived from forensic material obtained by carrying out a forensic procedure under this Act on a database other than the DNA database system is guilty of an offence, unless—

            (a)         the DNA profile is stored in such a way that it is not possible to identify the person from whom the material was obtained or to whom the material relates; or

            (b)         the DNA profile is stored on a database kept under a corresponding law or kept by the Commonwealth in accordance with an arrangement entered into under section 41(2); or

            (c)         the DNA profile is temporarily stored on a database maintained in accordance with the regulations for purposes connected with the administration of this Act.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (2)         A person who intentionally or recklessly—

            (a)         causes the supply of biological material for the purpose of storing a DNA profile on the DNA database system; or

            (b)         stores a DNA profile on the DNA database system,

in circumstances in which that storage is not authorised by this Act (or a corresponding law) is guilty of an offence.

Maximum penalty: $10 000 or imprisonment for 2 years.