Victorian Current Acts Victorian Current Acts(1) A police officer may request a DNA person who is an adult to give a DNA profile sample only if the police officer is satisfied that the taking of the sample is justified in all of the circumstances, and the DNA person—
(a) is suspected on reasonable grounds of having committed the indictable offence; or
(b) has been charged with the indictable offence; or
(c) has been summonsed to answer to a charge for the indictable offence.
(2) A police officer may request a DNA person who is a child to give a DNA profile sample only if the police officer is satisfied that the taking of the sample is justified in all of the circumstances, and the DNA person—
(a) is believed on reasonable grounds of having committed the DNA sample offence; or
(b) has been charged with the DNA sample offence; or
(c) has been summonsed to answer to a charge for the DNA sample offence.
(3) A DNA profile sample may be taken from—
(a) a DNA person who is an adult if—
(i) the adult gives informed consent; or
(ii) a senior police officer gives an authorisation under section 464SE; or
(b) a DNA person who is a child if—
(i) the child and a parent or guardian of the child give informed consent; or
(ii) a senior police officer gives an authorisation under section 464SE.
S. 464SD inserted by No. 3/2019 s. 55.