Victorian Current Acts

CRIMES ACT 1958 - SECT 464ZG

    (1)     In this section, relevant offence means—

S. 464ZG(1)(a) amended by Nos 72/2013 s. 13, 3/2019 s. 66(a).

        (a)     the indictable offence in respect of which the DNA profile sample was taken or the forensic procedure was conducted; or

S. 464ZG(1)(b) amended by No. 72/2013 s. 13.

        (b)     any other indictable offence arising out of the same circumstances; or

S. 464ZG(1)(c) amended by Nos 72/2013 s. 13, 3/2019 s. 66(b).

        (c)     any other indictable offence in respect of which the evidence obtained as a result of the DNA profile sample or the forensic procedure has probative value.

S. 464ZG(2) repealed by No. 81/1997
s. 27(1).

    *     *     *     *     *

S. 464ZG(3) amended by Nos 81/1997
s. 27(2)(a)(c), 3/2019 s. 66(c).

    (3)     Subject to section 464ZFD(2), if a DNA profile sample has been taken or a forensic procedure has been conducted on a person and—

S. 464ZG(3)(a) amended by Nos 81/1997
s. 27(2)(b), 3/2019 s. 66(d).

        (a)     the person has not been charged with a relevant offence at the end of the period of 12 months after the taking of the sample or the conduct of the procedure; or

S. 464ZG(3)(b) amended by No. 27/2006 s. 14.

        (b)     the person has been so charged but the charge is not proceeded with or the person is not found guilty (except because of mental impairment) of the offence or any other relevant offence, whether on appeal or otherwise, before the end of that period—

the Chief Commissioner of Police, subject to subsection (5), must destroy, or cause to be destroyed, at the time specified in subsection (4) any sample taken and any related material and information.

S. 464ZG(4) amended by No. 81/1997
s. 27(3)(a).

    (4)     A sample and any related material and information referred to in subsection (3) must be destroyed—

S. 464ZG(4)(a) amended by No. 81/1997
s. 27(3)(b).

        (a)     in a case to which subsection (3)(a) applies, immediately after that period of 12 months; or

        (b)     in a case to which subsection (3)(b) applies—

              (i)     within 1 month after the conclusion of the proceedings and the end of any appeal period; or

              (ii)     if the proceedings have been adjourned under section 75 of the Sentencing Act 1991 , within 1 month of dismissal under that section.

S. 464ZG(5) amended by No. 37/2014 s. 10(Sch. item 36.37).

    (5)     A police officer may, before the end of a period referred to in subsection (4), apply, without notice to any other person, to the Magistrates' Court or the Children's Court (as the case requires) for an order extending that period and, if the court makes such an order, the reference to the period in subsection (4) is a reference to that period as so extended.

S. 464ZG(6) amended by No. 3/2019 s. 66(e).

    (6)     If the Magistrates' Court or the Children's Court makes an order under subsection (5), it must give reasons for its decision and cause a copy of the order to be served on the person from whom the DNA profile sample was taken or on whom the forensic procedure was conducted.

S. 464ZG(7) substituted by No. 81/1997
s. 27(4).

    (7)     If a sample or related material and information is required to be destroyed in accordance with this section, the Chief Commissioner of Police must, if the person on whom the procedure was conducted so requests, within 14 days after receiving the request, notify in writing that person of whether the destruction has occurred.

S. 464ZG(8) amended by Nos 69/1997
s. 22(15), 81/1997
s. 27(5)(a)(c).

    (8)     A person who knowingly—

        (a)     fails to destroy; or

S. 464ZG(8)(b) amended by No. 81/1997
s. 27(5)(b).

        (b)     uses, or causes or permits to be used—

a sample or related material and information required by this section to be destroyed is guilty of a summary offence punishable on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).

S. 464ZG(9) amended by Nos 69/1997
s. 22(15), 81/1997
s. 27(6)(a) –(c).

    (9)     A person who at any time uses, or causes or permits to be used, or otherwise disseminates information derived from, any sample or related material and information required by this section to be destroyed except in good faith for the purposes of a relevant offence or for the purposes of section 464ZFD(2) is guilty of a summary offence punishable on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).

S. 464ZGA inserted by No. 81/1997
s. 28.