Western Australian Current Acts Western Australian Current Acts (1) Unless subsection
(2) applies, identifying information of an involved person obtained under Part
5 —
(a) must
not —
(i)
be compared with any other information, whether or not in
a forensic database; or
(ii)
be put in a forensic database,
except in accordance
with, as the case requires —
(iii)
the decision of the involved person, or responsible
person, made under section 28 or changed under section 30; or
(iv)
an IP warrant (involved protected person);
and
[(b) deleted]
(c) must
be destroyed if —
(i)
within 2 years after the information is obtained no
person is charged with the offence in respect of which the involved person is
such a person; or
(ii)
a person is so charged and criminal proceedings in
respect of the charge, including proceedings on an appeal, are completed,
and destruction is
requested under section 69 by or on behalf of the involved person.
(2) If an involved
person from whom identifying information is obtained under Part 5 —
(a) is
subsequently reasonably suspected of having committed the offence in respect
of which the person is an involved person and the offence is a serious
offence, section 66 applies to the information; or
(b) is
subsequently charged with the offence in respect of which the person is an
involved person and the offence is a serious offence, section 67 applies to
the information,
unless the information
should have been destroyed.
[Section 65 amended: No. 15 of 2011 s. 7.]