Victorian Current Acts

CRIMES ACT 1958 - SECT 464ZFAE

    (1)     A senior police officer, on request from a police officer, may authorise the taking of a DNA profile sample from a person if the senior police officer is satisfied that—

        (a)     a sample for the purpose of deriving a DNA profile was previously taken from the person—

              (i)     in accordance with an order made by a court under section 464T, 464U, 464V, 464ZF or  464ZFAAA; or

              (ii)     in accordance with section 464SC, an authorisation given under section 464SE, a direction given under section 464ZFAB or a senior police officer authorisation; and

        (b)     a forensic scientist has not derived a DNA profile from the sample taken from the person.

    (2)     A senior police officer may serve, or may cause to be served, a notice on a person referred to in subsection (1) directing the person to attend at a police station specified in the notice within 28 days after service of the notice to take a DNA profile sample.

    (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 authorisation; and

        (d)     that the Chief Commissioner of Police does not have a DNA profile of the person; and

        (e)     that a DNA profile was not able to be derived by a forensic scientist from the sample given by the person—

              (i)     in accordance with an order made by a court under section 464T, 464U, 464V, 464ZF or  464ZFAAA; or

              (ii)     in accordance with section 464SC, an authorisation given under section 464SE, a direction given under section 464ZFAB or a senior police officer authorisation; and

        (f)     that if the person fails to comply with the notice, application for a warrant to arrest the person may be made without further notice to the person; and

        (g)     that the person may wish to seek legal advice as to the effect of the notice; and

        (h)     the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and

              (i)     that a police officer may use reasonable force to enable the DNA profile sample to be taken.

    (4)     A notice under subsection (2) must be served by delivering a true copy of the notice to the person personally.

    (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.

S. 464ZFA (Heading) inserted by No. 27/2006 s. 10(1).

S. 464ZFA inserted by No. 81/1997
s. 25.