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Crimes (Forensic Procedures) Act 2000
102Database information
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102 Database information
(1) The Minister may enter into arrangements with the responsible
Minister of another participating jurisdiction under which—
(a) information from the ACT DNA database is to be provided to
the appropriate authority for the jurisdiction for either or both of
the following purposes:
Interstate enforcement Part 2.13
(i) the investigation of, or the conduct of a proceeding for, an
offence against a law of the Territory or the participating
jurisdiction;
(ii) the identification of missing or dead people; and
(b) information from a DNA database of the participating
jurisdiction is to be provided to the appropriate authority for the
Territory for either or both of the following purposes:
(i) the investigation of, or the conduct of a proceeding for, an
offence against a law of the Territory or the participating
jurisdiction;
(ii) the identification of missing or dead people.
(2) Without limiting subsection (1), the Minister may enter into
arrangements with the responsible Minister of the Commonwealth
under which information from the ACT DNA database (the
Territory’s information) is to be provided to the appropriate authority
for the Commonwealth for the purpose of the authority—
(a) comparing the information with information provided to the
authority from a DNA database of another participating
jurisdiction (the participating jurisdiction’s information); and
(b) identifying to the appropriate authority for the Territory any
matches that are found as a result of the comparison; and
(c) providing the Territory’s information in relation to those
matches to the appropriate authority for the Commonwealth or
the appropriate authority of the participating jurisdiction; and
(d) providing the participating jurisdiction’s information in relation
to those matches to the appropriate authority for the Territory.
(3) An arrangement mentioned in this section may not authorise the
comparison of information to match DNA profiles in a way that
would contravene section 97 (Permissible matching of DNA profiles)
were the information contained wholly on the ACT DNA database.
(4) Information that is provided under this section must not be recorded
or maintained on any database of information that may be used to
discover the identity of a person or to obtain information about an
identifiable person—
(a) at any time after this Act or a corresponding law of another
participating jurisdiction requires the forensic material to which
it relates to be destroyed; or
(b) if a court orders that the forensic material to which it relates be
destroyed—
(i) if no appeal against the order is made during the appeal
period—at any time after the appeal period; or
(ii) if an appeal against the order is made during the appeal
period—at any time after the appeal is finally decided, if
the result is that the order is confirmed (however
described).
Part 2.14 General provisions about
operation of Act