Victorian Current Acts Victorian Current Acts(1) Subject to section 464ZFD(2), if—
S. 464ZGA(1)(a) amended by No. 3/2019 s. 67(1).
(a) a person has a DNA profile sample taken or undergoes a forensic procedure as a child in accordance with this Subdivision, whether before or after the commencement of section 28 of the Crimes (Amendment) Act 1997 ; and
(b) any sample taken is not required to be destroyed under this Subdivision, other than under this subsection; and
(c) the person is not found guilty of any further offence before attaining the age of 26 years—
the Chief Commissioner of Police must without delay destroy, or cause to be destroyed, any sample taken and any related material and information.
S. 464ZGA(2) amended by Nos 77/2005 s. 8(3)(d), 7/2008 s. 7(3)(f), 63/2014 s. 3(5), substituted by No. 5/2018 s. 9.
(2) Subsection (1) does not apply if—
(a) the person from whom the sample was taken is found guilty of—
S. 464ZGA (2)(a)(i) amended by No. 3/2019 s. 67(2)(a).
(i) the offence in relation to which the DNA profile sample was taken or the forensic procedure was conducted; or
(ii) an offence arising out of the same circumstances as the offence referred to in subparagraph (i); or
S. 464ZGA (2)(a)(iii) amended by No. 3/2019 s. 67(2)(b).
(iii) an offence in respect of which evidence obtained as a result of the DNA profile sample or the forensic procedure had probative value; and
(b) the offence of which the person is found guilty is—
(i) an offence against this Act; or
(ii) an offence at common law the maximum penalty for which is specified by this Act; and
(c) the offence of which the person is found guilty is punishable by level 4 imprisonment (15 years maximum) or more (however the penalty is described); and
(d) the sample—
(i) was taken in accordance with an order under section 464ZF(2); or
(ii) is the subject of an order under section 464ZFB(1).
S. 464ZGB inserted by No.
81/1997
s. 28.