Victorian Current Acts Victorian Current ActsS. 464ZGB(1) amended by Nos 72/2004 s. 32, 37/2014 s. 10(Sch. item 36.37).
(1) A person of or above the age of 18 years may volunteer to give a sample (whether an intimate or non-intimate sample) to a police officer.
(2) A sample may only be given under this section if the person volunteering to give it consents in accordance with this section and that consent is not withdrawn prior to the giving of the sample.
S. 464ZGB(3) amended by No. 37/2014 s. 10(Sch. item 36.37).
(3) A person consents in accordance with this section only if, in the presence of an independent person, he or she consents after a police officer has informed the person in language likely to be understood by the person—
(a) that any sample that is given will be analysed;
S. 464ZGB
(3)(b) substituted by No. 16/2002 s. 15.
(b) that information obtained from the analysis will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction;
S. 464ZGB
(3)(ba) inserted by No. 16/2002 s. 15.
(ba) that the person may choose whether the information obtained from analysis of the sample may be used—
(i) only for a limited purpose to be specified by the volunteer; or
(ii) for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction;
S. 464ZGB
(3)(bb) inserted by No. 16/2002 s. 15.
(bb) that information obtained from the analysis could produce evidence to be used in a court;
(c) that the person is under no obligation to give a sample;
(d) that if the person consents to give a sample, he or she may at any time before the sample is taken, withdraw that consent;
S. 464ZGB
(3)(e) amended by No. 72/2013 s. 14.
(e) that the person may consult a legal practitioner (whether the term legal practitioner or lawyer is used) before deciding whether or not to consent to give a sample;
(f) that the person may at any time (including after he or she has been charged with an offence) withdraw his or her consent to the retention of the sample;
S. 464ZGB
(3)(g) amended by No. 37/2014 s. 10(Sch. item
36.37).
(g) that where the person withdraws his or her consent to the retention of the sample, a police officer may nevertheless apply to a court for an order to retain the sample and any related material and information;
S. 464ZGB
(3)(h) amended by No. 13/2010 s. 51(Sch. item 17.10).
(h) that the person may request that the sample be taken by or in the presence of a medical practitioner, nurse, midwife or dentist of his or her choice.
S. 464ZGB(4) amended by No. 37/2014 s. 10(Sch. item 36.37).
(4) A police officer who informs a person of the matters in subsection (3) must—
(a) record the giving of the information and the person's responses, if any—
(i) in writing signed by both the person and the independent person witnessing the giving of the consent; and
S.
464ZGB
(4)(a)(ii) substituted by No. 27/2006 s. 17(30)(a).
(ii) by audiovisual recording, if practicable, or otherwise by audio recording; and
(b) give or send by registered post to the person or his or her legal practitioner, without charge—
S.
464ZGB
(4)(b)(i) amended by No. 27/2006 s. 17(30)(b).
(i) a copy of the audiovisual recording or audio recording as soon as practicable, but not more than 7 days after the information is given; and
(ii) a copy of the written record, signed by both the person and the independent person, forthwith.
S. 464ZGC inserted by No.
81/1997
s. 28.