s 58B

Prohibited analysis

In force

(1)

In this section—

DNA database has the meaning given by section 464(2) of the Crimes Act 1958;

Part 5 sample means a sample of blood, urine or oral fluid taken from, or furnished or provided by, a person under this Part;

permitted purpose, in relation to an analysis of a Part 5 sample, means the purpose of determining—

(a)

whether alcohol or any other drug is present in the sample; or

(b)

the level of concentration in which alcohol or any other drug is present in the sample;

prohibited analysis, in relation to a Part 5 sample, means analysis of the sample for a purpose other than the permitted purpose.

Example

Deriving a DNA profile from the sample is a purpose for which analysis is prohibited.

(2)

A person who intentionally or recklessly—

(a)

supplies a Part 5 sample, or causes a Part 5 sample to be supplied, to a person for prohibited analysis; or

(b)

carries out a prohibited analysis of a Part 5 sample; or

(c)

includes, or causes the inclusion of, information derived from a prohibited analysis on a DNA database kept under a law of this State or the Commonwealth or of another State or a Territory—

is guilty of an offence and liable to imprisonment for a term of not more than 12 months or to a fine of not more than 120 penalty units.

S. 58BA inserted by No. 46/2024 s. 42D.

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