The Police Powers and Responsibilities Act 2000 (Qld), ss 315(2)(b), 316(2) and 317(3), abrogate any limitation arguably imposed by the former s 259 of the Criminal Code (Qld) on the purposes for which bodily samples lawfully taken could be used. DNA samples taken under s 259 for one offence may lawfully be used for comparison in the investigation of other offences, regardless of whether the original charge resulted in acquittal. The Bunning v Cross discretion to exclude such evidence will not be exercised where the analysis was lawfully conducted and broader public policy overwhelmingly favours the use of DNA evidence.
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