Victorian Current Acts Victorian Current Acts(1) For the purposes of this Subdivision a person is in custody if he or she is—
(a) under lawful arrest by warrant; or
(b) under lawful arrest under section 458 or 459 or a provision of any other Act; or
(c) in the company of an investigating official and is—
(i) being questioned; or
(ii) to be questioned; or
(iii) otherwise being investigated—
to determine his or her involvement (if any) in the commission of an offence if there is sufficient information in the possession of the investigating official to justify the arrest of that person in respect of that offence.
(2) In this Subdivision—
S. 464(2) def. of Aboriginal person inserted by No. 48/2018 s. 16, repealed by No. 26/2023 s. 76.
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S. 464(2) def. of appropriate authority inserted by No. 16/2002 s. 5, amended by No. 37/2014 s. 10(Sch. item 36.18(a)(i)).
"appropriate authority" means—
(a) in relation to the Commonwealth or the Australian Capital Territory—the Commissioner (within the meaning of section 23WA of the Crimes Act 1914 of the Commonwealth) of the Australian Federal Police or any other prescribed authority; or
(b) in relation to any other participating jurisdiction—an authority exercising, in relation to the police force or police service of that jurisdiction, functions corresponding to those of the Chief Commissioner of Police or any other prescribed authority;
S. 464(2)
def. of approved mental health service inserted by No.
81/1997
s. 16(a), repealed by No. 26/2014 s. 455(Sch. item
7.2(a)).
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S. 464(2) def. of Australian Crime Commission inserted by No. 54/2016 s. 28(a).
"Australian Crime Commission" means the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth;
S. 464(2)
def. of authorised person inserted by No. 25/1989 s. 11(a), repealed by
No. 23/1991 s. 8(1)(a), new def. of authorised person inserted by
No. 23/1991 s. 8(1)(b).
"authorised person" means a person appointed as an authorised person under subsection (3);
S. 464(2)
def. of compulsory procedure inserted by No. 129/1993 s. 6(a).
"compulsory procedure" means the taking of an intimate or non-intimate sample or the conduct of a physical examination;
S. 464(2)
def. of correspond-ing law inserted by No. 16/2002 s. 5.
"corresponding law" means a law relating to the carrying out of forensic procedures and DNA databases that—
(a) substantially corresponds to this Subdivision; or
(b) is prescribed for the purposes of this definition;
S. 464(2)
def. of
crime scene index inserted by No. 16/2002 s. 5.
"crime scene index" means an index of DNA profiles derived from forensic material found or other material found—
(a) at any place (whether within or outside Victoria) where an offence (whether under the law of Victoria or of a participating jurisdiction) was, or is reasonably suspected of having been, committed; or
(b) on the victim of the offence or on anything reasonably believed to have been worn or carried by the victim when the offence was committed; or
(c) on an object or person reasonably believed to have been associated with the commission of the offence;
S. 464(2) def. of CrimTrac inserted by No. 32/2007 s. 4(2), repealed by No. 54/2016 s. 28(b).
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S. 464(2)
def. of
dentist inserted by No. 129/1993 s. 6(a), substituted by No. 26/1999
s. 107(Sch. item 1), amended by No. 97/2005 s. 182(Sch. 4 item
14.2(a)), substituted by No. 13/2010 s. 51(Sch. item 17.3(a)).
"dentist" means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the dental profession as a dentist (other than as a student);
(b) in the dentists division of that profession;
S. 464(2) def. of designated mental health service inserted by No. 26/2014 s. 455(Sch. item 7.2(b)), amended by No. 39/2022 s. 813(a).
"designated mental health service" has the same meaning as in the Mental Health and Wellbeing Act 2022 ;
S.
464(2)
def. of destruction inserted by No. 72/2013 s. 3(b).
"destruction", in relation to any sample taken or given and any related material and information, means—
(a) the physical destruction of the sample; and
(b) the removal from any DNA database on which matching occurs of any DNA profile derived from analysis of the sample; and
(c) the destruction of the DNA profile in any form that can readily be recombined with information that identifies the person from whom the sample was taken or who gave the sample, except for a DNA profile held on an electronic system used for forensic analysis by the Victoria Police Forensic Services Department;
S. 464(2)
def. of detained or protected person inserted by No. 84/1989 s. 4(a),
amended by Nos 93/1990 s. 27(a), 23/2006 s. 236(4), 48/2006
s. 42(Sch. item 9.2(a)), 26/2014 s. 455(Sch. item 7.2(c)), 3/2019
s. 52(2), 39/2022 s. 813(b).
"detained or protected person" means a person who—
(a) is held in a prison, police gaol, youth justice centre or youth residential centre; or
(b) is a prisoner in a prison or a person detained in a police gaol who is transferred from the prison or police gaol to a facility or an institution referred to in section 56AB(1) of the Corrections Act 1986 ; or
(ba) is a forensic patient or a forensic resident within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or
(c) is a security resident within the meaning of the Disability Act 2006 ; or
(d) is an assessment patient, a court assessment patient, a temporary treatment patient, a treatment patient or a security patient within the meaning of the Mental Health and Wellbeing Act 2022 ;
S. 464(2)
def. of
DNA database inserted by No. 16/2002 s. 5, substituted by No.
32/2007 s. 4(1).
"DNA database" means—
(a) the Victorian DNA database; or
(b) NCIDD; or
(c) another DNA database system that is kept under a corresponding law of a participating jurisdiction;
S. 464(2)
def. of
DNA database system inserted by No. 16/2002 s. 5.
"DNA database system" means a database (whether in computerised or other form and however described) containing—
(a) one or more of the following indexes of DNA profiles—
(i) a crime scene index;
(ii) a missing persons index;
(iii) an unknown deceased persons index;
(iv) a serious offenders index;
(v) a volunteers (unlimited purposes) index;
(vi) a volunteers (limited purposes) index;
(vii) a suspects index—
and information that may be used to identify the person from whose forensic material each DNA profile was derived; and
(b) a statistical index; and
(c) any other prescribed index;
S. 464(2)
def. of
DNA person inserted by No. 3/2019 s. 52(1).
"DNA person" means—
(a) a person who is of or above the age of 18 years who—
(i) is suspected of having committed or attempted to commit an indictable offence; or
(ii) has been charged with an indictable offence; or
(iii) has been summonsed to answer to a charge for an indictable offence; or
(b) a child of or above the age of 15 years but under the age of 18 years who—
(i) is suspected of having committed or attempted to commit a DNA sample offence; or
(ii) has been charged with a DNA sample offence; or
(iii) has been summonsed to answer to a charge for a DNA sample offence;
S. 464(2)
def. of
DNA profile sample inserted by No. 3/2019 s. 52(1).
"DNA profile sample" means a sample taken for the purpose of deriving a DNA profile that is—
(a) a blood sample;
(b) a sample of hair, other than pubic hair, including the root if required;
(c) a sample of saliva;
(d) a scraping taken from the mouth;
S. 464(2)
def. of
DNA sample offence inserted by No. 3/2019 s. 52(1).
"DNA sample offence" means any indictable offence specified in Schedule 9;
S. 464(2)
def. of fingerprints inserted by No. 38/1988 s. 5(a).
fingerprints includes finger, palm, toe and sole prints;
S. 464(2) def. of fingerscan inserted by No. 41/2004 s. 3.
"fingerscan" means fingerprints taken by means of a device to obtain a record of the fingerprints;
Example
Fingerprints may be taken by a scanning device to obtain a digital record of the fingerprints.
S. 464(2)
def. of forensic material inserted by No. 16/2002 s. 5.
"forensic material" means any material—
(a) from which a DNA profile may be derived; and
(b) which is obtained from samples taken or procedures conducted in accordance with this Subdivision—
but does not include a sample taken for the sole purpose of establishing the identity of the person from whom it is taken;
S. 464(2)
def. of forensic procedure inserted by No. 129/1993 s. 6(b), amended by
No. 3/2019 s. 52(3).
"forensic procedure" means the taking of a sample from any part of the body, whether an intimate or non-intimate sample or any other type of sample, or the conduct of any procedure on or physical examination of the body but does not include the taking of a fingerprint or a DNA profile sample;
S. 464(2)
def. of
held in a prison, police gaol, youth training centre or
youth residential centre inserted by No. 38/1988 s. 5(a), amended by Nos
93/1990 s. 27(b)(i)(ii), 56/1989 s. 286(Sch. 2 item 7.3),
46/1998
s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 6)),
amended as held in a prison, police gaol, youth justice centre or
youth residential centre by No. 48/2006 s. 42(Sch. item 9.2(b)),
amended by No. 59/2015 s. 25(b).
held in a prison, police gaol, youth justice centre or youth residential centre means—
(a) deemed by section 6A of the Corrections Act 1986 to be in the custody of the Secretary within the meaning of that Act; or
(b) deemed by section 6D of the Corrections Act 1986 to be in the custody of the Chief Commissioner of Police; or
(c) detained in a youth justice centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005 ; or
(d) detained in a youth residential centre in the custody of the Secretary within the meaning of the Children, Youth and Families Act 2005 ;
S. 464(2)
def. of IBAC inserted by No. 3/2019 s. 52(1).
"IBAC" has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 464(2)
def. of intimate part of the body inserted by No. 129/1993 s. 6(c).
"intimate part of the body" means the genital or anal region of a male or female or the breast of a female;
S. 464(2)
def. of intimate sample inserted by No. 129/1993 s. 6(c).
"intimate sample" means—
(a) a blood sample;
(b) a sample of pubic hair, including the root if required;
(c) a swab, washing or sample taken from the external genital or anal region of a male or female or from the breast of a female;
(d) a sample of saliva;
(e) a scraping taken from the mouth;
(f) a dental impression;
S. 464(2)
def. of investigating official amended by No. 37/2014
s. 10(Sch. item 36.18(a)(ii)).
"investigating official" means a police officer or a person appointed by or under an Act (other than a police officer or person who is engaged in covert investigations under the orders of a superior) whose functions or duties include functions or duties in respect of the prevention or investigation of offences;
S. 464(2) def. of
legal practitioner repealed by No. 18/2005 s. 18(Sch. 1
item 27.3).
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S. 464(2)
def. of medical practitioner inserted by No. 129/1993 s. 6(d),
substituted by No
81/1997
s. 16(b), amended by No. 97/2005 s. 182(Sch. 4 item
14.2(b)), substituted by No. 13/2010 s. 51(Sch. item 17.3(b)).
"medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 464(2)
def. of
mental impairment inserted by No. 23/1991 s. 4(a).
"mental impairment" includes impairment because of mental illness, intellectual disability, dementia or brain injury;
S. 464(2) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 17.3(d)).
"midwife" means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b) in the register of midwives kept for that profession;
S. 464(2)
def. of missing persons index inserted by No. 16/2002 s. 5.
"missing persons index" means an index of DNA profiles, derived from forensic material, of—
(a) persons who are missing; and
(b) volunteers who are relatives by blood of missing persons;
S. 464(2) def. of National Criminal Investigation DNA Database inserted by No. 32/2007 s. 4(2).
"National Criminal Investigation DNA Database" means the DNA database system that—
(a) is known as the National Criminal Investigation DNA Database; and
(b) is managed by the Commonwealth;
S. 464(2) def. of
NCIDD inserted by No. 32/2007 s. 4(2).
"NCIDD" means the National Criminal Investigation DNA Database;
S. 464(2)
def. of
non-intimate part of the body inserted by No. 129/1993 s. 6(e).
"non-intimate part of the body" means any part of the body other than an intimate part;
S. 464(2) def. of
non-intimate sample inserted by No. 129/1993 s. 6(e).
"non-intimate sample" means—
(a) a sample of hair, other than pubic hair, including the root if required;
(b) a sample of matter taken from under a fingernail or toenail;
(c) a swab, washing or sample taken from any external part of the body other than the genital or anal region of a male or female or the breast of a female;
S. 464(2) def. of
nurse inserted by No.
81/1997
s. 16(c), amended by No. 97/2005 s. 182(Sch. 4 item
14.2(c)), substituted by No. 13/2010 s. 51(Sch. item 17.3(c)).
"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
S. 464(2)
def. of participating jurisdiction inserted by No. 16/2002 s. 5.
"participating jurisdiction" means the Commonwealth, another State or a Territory in which there is a corresponding law in force;
S. 464(2)
def. of physical examination inserted by No. 129/1993 s. 6(e).
"physical examination" means an examination of the external part of a person's body requiring touching of the person or removal of the person's clothing;
S. 464(2)
def. of police custody officer inserted by No. 59/2015 s. 25(a).
"police custody officer" has the same meaning as in the Victoria Police Act 2013 ;
"police gaol" has the same meaning as in the Corrections Act 1986 ;
S. 464(2)
def. of
prison amended by No. 56/1989 s. 286(Sch. 2 item 7.4), substituted by
No. 48/2006 s. 42(Sch. item 9.2(c)).
"prison" has the same meaning as in the Corrections Act 1986 but includes a youth justice centre established under section 478 of the Children, Youth and Families Act 2005 ;
S. 464(2)
def. of registered medical practitioner inserted by No. 23/1994
s. 118(Sch. 1 item 15.1), repealed
by No. 81/1997
s. 16(d).
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S. 464(2)
def. of
related material and information inserted by No.
81/1997
s. 16(e), amended by Nos 27/2006 ss 3(a), 17(1), 25/2017 s. 50,
3/2019 s. 52(4).
"related material and information"—
(a) in relation to any DNA profile sample or any sample taken in a forensic procedure conducted in accordance with sections 464R to 464ZA or section 464ZF, 464ZFAAA or 464ZFAB, means notes and audiovisual recordings made of the taking of the DNA profile sample or the conduct of the forensic procedure and any information which may identify the person contained in any record of or report relating to the DNA profile sample or the forensic procedure and in any copy of the record or report;
(b) in relation to any sample voluntarily given by a person in accordance with sections 464ZGB to 464ZGD, means notes and audiovisual recording (if any) made of the procedure to take the sample and any information which may identify the person contained in any record of or report relating to the taking of the sample and in any copy of a record or report;
S. 464(2)
def. of relevant suspect inserted by No. 84/1989 s. 4(b), substituted by
No. 23/1991 s. 4(b),
amended by Nos 81/1997
s. 16(f), 61/2001 s. 16(1)(a), 16/2002
s. 17(1), 35/2002 s. 28(Sch. item 3.1), 72/2004 s. 24,
substituted by No. 72/2013 s. 3(a).
"relevant suspect" means a person of or above the age of 18 years who—
(a) is suspected of having committed or attempted to commit an indictable offence; or
(b) has been charged with an indictable offence;
S. 464(2)
def. of responsible Minister inserted by No. 16/2002 s. 5.
"responsible Minister", in relation to a participating jurisdiction means a Minister of that jurisdiction who is responsible for administration of a corresponding law;
S. 464(2) def. of responsible person inserted by No. 32/2007 s. 4(2).
"responsible person", in relation to a DNA database, means the person responsible for the care, control and management of the system;
S. 464(2)
def. of security patient
inserted by No. 81/1997
s. 16(g), amended by Nos 26/2014
s. 455(Sch. item 7.2(d)), 39/2022 s. 813(c).
"security patient" has the same meaning as in the Mental Health and Wellbeing Act 2022 ;
S. 464(2) def. of
senior police officer inserted by No. 41/2004 s. 8, amended by
No. 37/2014 s. 10(Sch. item 36.18(a)(iii)).
"senior police officer" means a police officer of or above the rank of senior sergeant;
S. 464(2)
def. of senior police officer authorisation inserted by No. 3/2019
s. 52(1).
"senior police officer authorisation" means an authorisation under section 464ZFAC;
S. 464(2)
def. of
serious offenders index inserted by No. 16/2002 s. 5, amended by
No. 3/2019 s. 52(5).
"serious offenders index" means an index of DNA profiles derived from forensic material taken from—
(a) offenders in accordance with section 464ZF, or under a corresponding law of a participating jurisdiction; and
(ab) registrable offenders in accordance with section 464ZFAB; and
(ac) offenders in accordance with section 464ZFAC(2)(a)(i); and
(b) suspects who have been convicted of—
(i) an offence and an order has been made under section 464ZFB(1); or
(ia) an offence and to which section 464ZFB(1AA) applies; or
(ii) an offence in respect of which a forensic procedure may be conducted under a corresponding law of a participating jurisdiction;
S. 464(2)
def. of
sexual offence inserted by No. 84/1989 s. 4(b), amended by No. 8/1991
s. 6(d), repealed by No. 23/1991 s. 4(c).
* * * * *
S. 464(2)
def. of statistical index inserted by No. 16/2002 s. 5.
"statistical index" means an index of information that—
(a) is obtained from the analysis of forensic material taken from persons in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; and
(b) has been compiled for statistical purposes; and
(c) cannot be used to discover the identity of persons from whom the forensic material was taken;
S. 464(2)
def. of suspect inserted by No. 38/1988 s. 5(b), amended by Nos 25/1989
s. 14(a), 72/2004 s. 25.
"suspect" means a person of or above the age of 18 years who—
(a) is suspected of having committed an offence; or
(b) has been charged with an offence; or
(c) has been summonsed to answer to a charge;
S. 464(2)
def. of suspects index inserted by No. 16/2002 s. 5,
amended by Nos 27/2006 s. 3(b), 3/2019 s. 52(6).
"suspects index" means an index of DNA profiles derived from forensic material taken from suspects in accordance with section 464R, 464T or 464U, DNA profile samples taken in accordance with section 464SC or 464SE or under a corresponding law of a participating jurisdiction or taken from persons found not guilty because of mental impairment in accordance with section 464ZFAAA or section 464ZFAC(2)(a)(ii);
S. 464(2) def. of
tape recording repealed by No. 27/2006 s. 3(c).
* * * * *
S. 464(2)
def. of unknown deceased persons index inserted by No. 16/2002 s. 5.
"unknown deceased persons index" means an index of DNA profiles of deceased persons whose identities are unknown where the DNA profile is derived from forensic material;
S. 464(2) def. of Victorian DNA database inserted by No. 32/2007 s. 4(2).
"Victorian DNA database" means the DNA database system kept under section 464ZFD;
S. 464(2)
def. of volunteer inserted by No. 16/2002 s. 5.
"volunteer" means a person who volunteers to give a sample under section 464ZGB;
S. 464(2)
def. of volunteers (limited purposes) index inserted by No. 16/2002
s. 5.
"volunteers (limited purposes) index" means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used only for a limited purpose that is specified by the volunteer and noted on the index;
S. 464(2)
def. of volunteers (unlimited purposes) index inserted by No. 16/2002
s. 5.
"volunteers (unlimited purposes) index" means an index of DNA profiles derived from forensic material taken from volunteers, under section 464ZGB or a corresponding law of a participating jurisdiction, who have chosen that the information obtained from analysis of the material may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used;
S. 464(2)
def. of
youth residential centre inserted by No. 129/1993 s. 6(g), amended by
No. 48/2006 s. 42(Sch. item 9.2(d)).
"youth residential centre" has the same meaning as in the Children, Youth and Families Act 2005 ;
S. 464(2)
def.
of
young person inserted by No. 38/1988 s. 5(c), repealed by No. 129/1993
s. 6(f).
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S. 464(3) inserted by No. 25/1989 s. 11(b). amended by No. 37/2014 s. 10(Sch. item 36.18(b)).
(3) The Minister administering the Victoria Police Act 2013 may appoint by notice published in the Government Gazette a person or class of persons as a person or persons authorised to take fingerprints in accordance with this Subdivision.
S. 464AA inserted by No. 27/2006 s. 4.