Recording, retention and removal of identifying information on DNA database
464ZGJ Recording, retention and removal of identifying information on DNA database
S. 464ZGJ (Heading) amended by No. 32/2007 s. 9(1).
S. 464ZGJ inserted by No. 16/2002 s. 16.
In this section—
S. 464ZGJ(1) def. of identifying information substituted by No. 32/2007 s. 9(2).
identifying information means information referred to in section 464ZFD(1), whether or not kept on the Victorian DNA database;
S. 464ZGJ(1) def. of identifying period amended by No. 32/2007 s. 9(1)(3)-(5).
identifying period for identifying information means—
except as provided by paragraphs (b) and (c), the period of 12 months after the information is placed on the DNA database;
if the information is derived from forensic material taken from a volunteer—the period after the information is placed on the DNA database that is agreed by the Chief Commissioner of Police and the volunteer;
if the information is derived from forensic material taken from a deceased person (not being a person who was a volunteer) whose identity is known—the period for which the Chief Commissioner of Police orders the responsible person to retain the information;
S. 464ZGJ(1) def. of responsible person repealed by No. 32/2007 s. 9(6).
* * * * *
S. 464ZGJ(2) amended by No. 32/2007 s. 9(1)(7).
A person who intentionally or recklessly causes any identifying information to be recorded or retained in a DNA database at any time after this Subdivision requires the forensic material to be destroyed is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
S. 464ZGJ(3) amended by No. 32/2007 s. 9(1)(8)-(10).
A responsible person who does not ensure that any identifying information on the volunteers (unlimited purposes) index or volunteers (limited purposes) index of the DNA database is removed from the database as soon as practicable after the end of the identifying period for the information is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
S. 464ZGJ(4) amended by Nos 32/2007 s. 9(1)(9)(11), 68/2009 s. 97(Sch. item 40.40).
A responsible person who does not ensure that any identifying information relating to an offender on the serious offenders index of the DNA database is removed from the database as soon as practicable after becoming aware that the offender has been pardoned or acquitted of the offence concerned or if the conviction has been set aside is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.