Victorian Current Acts Victorian Current Acts(1) In this section—
"relevant person" means a person other than a person who is a detained or protected person.
(2) If a senior police officer authorisation for a DNA profile sample to be taken from a relevant person is given, a notice to attend must be attached to the authorisation and served on the person, that requires the person to attend a police station specified in the notice to have the DNA profile sample taken, within 28 days after the expiry of the period referred to in section 464ZFAC(3) or (4) (as the case requires) or the date of service of the notice (whichever is the later).
(3) A notice under subsection (2) must state—
(a) the date on which the senior police officer authorisation was given; and
(b) the kind of DNA profile sample that is to be taken from the person; and
(c) the name, rank and telephone number of the senior police officer who gave the senior police officer authorisation; and
(d) the Chief Commissioner of Police does not have a sample from the person that may be retained indefinitely; and
(e) that if the person fails to comply with the notice, an application for a warrant to arrest the person may be made without further notice to the person; and
(f) that the person may wish to seek legal advice as to the effect of the notice; and
(g) the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and
(h) that a police officer may use reasonable force to enable the sample to be taken.
(4) A notice under subsection (2) must be served in accordance with section 464ZFAA(4) and (5).
(5) Section 464ZFAA(6), (7) and (8) apply to a notice served under subsection (2) as if it were a notice served under that section.
(6) If a notice under subsection (2) is not served within the period referred to in section 464ZFAC(2)(b), a police officer may, within 28 days of the expiry of that period, apply to a magistrate or registrar of the Magistrates' Court for a warrant under subsection (7).
(7) On an application referred to in subsection (6) being made a magistrate or a registrar may, if satisfied by evidence on oath or by affidavit that the notice was not served on the relevant person, issue a warrant authorising the person to whom it is directed, if necessary—
(a) to break, enter and search by day or by night any place where the relevant person named in the warrant is suspected to be; and
(b) to arrest the relevant person; and
(c) to detain the relevant person for as long as reasonably permits for the DNA profile sample to be taken.
(8) A magistrate or a registrar must not issue a warrant under subsection (7) unless satisfied by evidence on oath or by affidavit that—
(a) reasonable attempts have been made to serve the notice on the relevant person; and
(b) the DNA profile sample has not been taken from the relevant person.
(9) Section 464ZFA(2), (3), (4), (5), (6) and (7) apply to a warrant issued under subsection (7) as if it were a warrant issued under section 464ZFA(1B).
S. 464ZFAE inserted by No. 3/2019 s. 62.