Victorian Current Acts Victorian Current Acts(1) The Chief Commissioner of Police is responsible for ensuring the destruction under this section of samples and DNA profiles that are held or managed by Victoria Police.
(2) The Director of the Institute is responsible for ensuring the destruction under this section of samples and DNA profiles that are held or managed by the Institute.
(3) A DNA profile derived from a sample given under section 464ZGFA must be stored on a database that—
(a) is not a DNA database; and
(b) is not connected to any other database on which matching of DNA profiles occurs.
Notes
1 DNA database is defined in section 464(2).
2 A sample given under section 464ZGFA must not be entered in NCIDD.
S. 464ZGFB(4) amended by No. 3/2019 s. 69.
(4) A sample given under section 464ZGFA and a DNA profile derived from the sample must be destroyed if—
S. 464ZGFB
(4)(a) amended by No. 37/2014 s. 10(Sch. item
36.39(a)).
(a) in the case of a sample given by the Chief Commissioner of Police, the Chief Commissioner requests the destruction of the sample by notice in writing to the Minister administering the Victoria Police Act 2013 ; or
S. 464ZGFB
(4)(b) amended by No. 37/2014 s. 10(Sch. item
36.39(b)).
(b) in the case of a sample given by any other member of Victoria Police personnel or a visitor to any premises at which the Victoria Police Forensic Services Department performs functions, the member or visitor requests the destruction of the sample by notice in writing to the Chief Commissioner of Police; or
(c) in the case of a sample given by the Director of the Institute, the Director requests the destruction of the sample by notice in writing to the Attorney-General; or
(d) in the case of a sample given by an employee of the Institute or a visitor to any premises at which the Institute performs any of its functions, the employee or visitor requests the destruction of the sample by notice in writing to the Director of the Institute; or
S. 464ZGFB
(4)(e) amended by No. 37/2014 s. 10(Sch. item
36.39(b)).
(e) 12 months have elapsed since the person who gave the sample ceased to be a member of Victoria Police personnel, the Director of the Institute or an employee of the Institute, as the case may be.
(5) Without affecting any other arrangements for destruction of samples, this section also applies, on and from its commencement, to a sample given voluntarily by a person referred to in section 464ZGFA(2) before the commencement of this section.
(6) A person must not knowingly—
(a) fail to destroy; or
(b) use, or cause or permit to be used, or otherwise disseminate information derived from—
a sample, or a DNA profile derived from a sample, that is required by this section to be destroyed.
Penalty: level 8 imprisonment (1 year maximum).
(7) An offence against subsection (6) is a summary offence.
Heading preceding s. 464ZGG inserted by No. 16/2002 s. 16, amended by No. 32/2007 s. 6.
DNA database systems
S. 464ZGG inserted by No. 16/2002 s. 16.