ACTIn ForceAct
Crimes (Forensic Procedures) Act 2000
95Supply of forensic material for prohibited analysis etc
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95 Supply of forensic material for prohibited analysis etc
(a) the person’s conduct causes the supply of forensic material
taken from anyone under this Act (or under a law of another
jurisdiction prescribed by regulation for this subsection) to
anyone for prohibited analysis; and
(b) the person intends, or is reckless about, the supply of material of
that kind.
(2) A person commits an offence if—
(a) the person’s conduct causes the supply of forensic material
(other than excluded forensic material) to anyone for analysis
for the purpose of deriving a DNA profile for inclusion on an
index of the ACT DNA database; and
(b) the person intends, or is reckless about, the supply of material of
that kind.
(3) In this section:
excluded forensic material means forensic material—
(a) found at a crime scene; or
(b) taken from a suspect in relation to a serious offence under
part 2.3 (Forensic procedures by consent of suspect), part 2.4
(Non-intimate forensic procedures on suspect by order of police
officer) or part 2.5 (Forensic procedures on suspect by order of
magistrate); or
(c) taken from a serious offender or volunteer under part 2.7
(Carrying out of certain forensic procedures after conviction of
serious offenders) or part 2.8 (Carrying out of forensic
procedures on volunteers and certain other people); or
(d) taken from the body of a dead person; or
(e) that is from the body of a missing person; or
(f) taken from a volunteer who is a relative by blood of a dead or
missing person; or
(g) taken under a law of another jurisdiction prescribed by
regulation for this definition.
law, of another jurisdiction, means a law, or a provision of a law, of
the Commonwealth or a State, whether or not the law is a
corresponding law.
prohibited analysis, of forensic material, means analysis for the
purpose of deriving a DNA profile for inclusion on an index of the
ACT DNA database if—
(a) this Act or a law of another jurisdiction prescribed by regulation
requires the material to be destroyed; or
(b) a court orders that the material be destroyed.