Crimes Act 1958

A police officer may apply to the Magistrates' Court for an order to retain a sample that has been voluntarily given by a person in accordance with sections 464ZGB to 464ZGD, and any related material and information, and the court may make an order accordingly, if during an investigation into the commission of an indictable offence—

either—

material reasonably believed to be from the body of a person who committed the indictable offence has been found—

at the scene of the offence; or

on the victim of the offence or on anything reasonably believed to have been worn or carried by the victim when the offence was committed; or

on an object or person reasonably believed to have been associated with the commission of the offence; or

if the offence is an offence against a provision of Subdivision (8A), (8B) or (8C) of Division 1 of Part I, and a police officer reasonably believes that a child has been conceived as a result of the commission of the offence and a sample has been taken from that child; and

a police officer reasonably believes that information obtained from the analysis of the sample voluntarily given by the person, and from any related material and information, has probative value in relation to the indictable offence being investigated; and

the person who voluntarily gave that sample has withdrawn his or her consent to the retention of that sample; and

the information obtained from the analysis of the voluntary sample, and from any related material and information, has not been destroyed in accordance with section 464ZGE(2)(a) and (3)(a).

A court hearing an application under subsection (1) must—

be satisfied on the balance of probabilities that there are reasonable grounds to believe that the person has committed the offence in respect of which the application is made; and

be satisfied that, in all the circumstances, the making of the order is justified.

If the court makes an order under subsection (1), it must give reasons for its decision and cause a copy of the order and reasons to be served on the person who voluntarily gave the sample.

A failure of a court to comply with subsection (3) does not invalidate any order made by it but constitutes non-compliance for the purposes of section 464ZE(1)(a).