Database information
58 Database information
The Minister may enter into arrangements with a responsible Minister of a participating jurisdiction under which – information from the DNA database system of this State may be transmitted to a participating jurisdiction for the purposes of – forensic requirements, identifying a deceased person, identifying or locating a missing person, criminal investigation or criminal proceedings in that participating jurisdiction; or subsequent transmission by that participating jurisdiction to, and at the request of, another participating jurisdiction for the purposes of forensic requirements, identifying a deceased person, identifying or locating a missing person, criminal investigation or criminal proceedings in that other participating jurisdiction; and information from a DNA database of a participating jurisdiction may be transmitted to the Commissioner of Police for the purposes of – forensic requirements, identifying a deceased person, identifying or locating a missing person, criminal investigation or criminal proceedings in this State; or subsequent transmission by the State to, and at the request of, a participating jurisdiction for the purposes of forensic requirements, identifying a deceased person, identifying or locating a missing person, criminal investigation or criminal proceedings in that participating jurisdiction.
For the purposes of implementing arrangements entered into under subsection (1), the Minister may enter into arrangements with – the Australian Crime Commission; and any other prescribed person, or prescribed agency, in a participating jurisdiction.
Information that is transmitted under this section must not be recorded or maintained in any database of information that may be used to discover the identity of a person or to obtain information about an identifiable person at any time after this Act or a corresponding law of a participating jurisdiction requires the forensic material to which it relates to be destroyed.
This section does not apply to information obtained from an analysis of forensic material taken from a police officer or member of the Police Service under section 34A or 34B.
Any arrangement entered into with CrimTrac under subsection (1A)(a) before the day on which the Australian Crime Commission Legislation (Miscellaneous Amendments) Act 2018 commences and in force on that day, is taken to be an arrangement entered into with the Australian Crime Commission under subsection (1A)(a).
In this section – Australian Crime Commission means the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;CrimTrac means the CrimTrac Agency established on 1 July 2000 as an Executive Agency by the Governor-General of the Commonwealth under section 65 of the Public Service Act 1999 of the Commonwealth.
This provision refers to the regulations (prescribed person
). Made under this Act:
- Forensic Procedures Order 2006 · Regulation · under section 54(4)
- Forensic Procedures Regulations 2021
- Proclamation under the Forensic Procedures Act 2000 (SR 2000 No. 237) · Statutory Rule · under section 2
This Act’s bill:Explanatory notesSecond reading speech
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