Supply of forensic material for purposes of DNA database
23YDAD Supply of forensic material for purposes of DNA database
A person commits an offence if:
the person engages in conduct; and
the person’s conduct results in the forensic material taken from any person, and which is required to be destroyed, under this Part or under a corresponding law of a participating jurisdiction, to be supplied to another person; and
the person is reckless as to whether the forensic material is required to be destroyed and the supply of the material to the other person; and
the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the Commonwealth DNA database system.
Penalty: Imprisonment for 2 years.
A person commits an offence if:
the person engages in conduct; and
that conduct results in the supply of forensic material to any person and the person is reckless as to that result; and
the person is reckless as to whether the forensic material is not excluded forensic material; and
the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the Commonwealth DNA database system.
Penalty: Imprisonment for 2 years.
In this section:
excluded forensic material means forensic material:
found at a crime scene; or
taken from a suspect in accordance with Division 3, 4 or 5 or under a corresponding law of a participating jurisdiction; or
taken from a serious offender or a volunteer in accordance with Division 6A or 6B or under a corresponding law of a participating jurisdiction; or
taken from the body of a deceased person; or
that is from the body of a missing person; or
taken from a volunteer who is a relative by blood of a deceased or missing person.
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