Victorian Current Acts

CRIMES ACT 1958 - SECT 464ZGG

    (1)     In this section—

S. 464ZGG(1) def. of excluded forensic material amended by Nos 27/2006 s. 15, 3/2019 s. 70.

"excluded forensic material" means forensic material—

        (a)     found at a crime scene; or

        (b)     taken from a suspect in accordance with this Subdivision or under a corresponding law of a participating jurisdiction; or

        (ba)     taken from a DNA person in accordance with section 464SC or 464SE; or

        (bb)     taken from a person in accordance with section 464ZFAC; or

        (bc)     taken from a person in accordance with section 464ZFAE; or

        (c)     taken from an offender under section 464ZF or 464ZGB or under a corresponding law of a participating jurisdiction; or

        (ca)     taken from a person under section 464ZFAAA following a finding of not guilty because of mental impairment; or

        (d)     taken from the body of a deceased person; or

        (e)     from the body of a missing person; or

        (f)     taken from a volunteer who is a relative by blood of a deceased or missing person;

"prohibited analysis" means analysis for the purpose of deriving a DNA profile for inclusion on a DNA database when the forensic material is required to be destroyed by this Subdivision or under a corresponding law of a participating jurisdiction.

    (2)     A person—

        (a)     whose conduct causes the supply of forensic material taken from a person under this Subdivision (or under a corresponding law of a participating jurisdiction) to a person for prohibited analysis; and

        (b)     who intends or is reckless as to the supply of material of that kind—

is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).

    (3)     A person—

        (a)     whose conduct causes the supply of forensic material (other than excluded forensic material) to a person for analysis for the purpose of deriving a DNA profile for inclusion on a DNA database; and

        (b)     who intends or is reckless as to the supply of material of that kind—

is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).

S. 464ZGH (Heading) amended by No. 32/2007 s. 7(1).

S. 464ZGH inserted by No. 16/2002 s. 16.