97Permissible matching of DNA profiles

97 Permissible matching of DNA profiles (1) A matching of a DNA profile on an index of the ACT DNA database mentioned in table 97, column 1 with a DNA profile on another index of the database mentioned in column 2, 3, 4, 5, 6, 7 or 8 is not permitted by this Act if— (a) ‘only if within purpose’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1; and (b) the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed. (2) A matching of a DNA profile on an index of the ACT DNA database mentioned in table 97, column 1 with a DNA profile on another index of the database mentioned in column 2, 3, 4, 5, 6, 7 or 8 is permitted by this Act if— (a) ‘yes’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the index mentioned in column 1; or (b) ‘only if within purpose’ is shown in relation to the index mentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index mentioned in column 1 and the matching is carried out for a purpose for which the DNA profile placed on the volunteers (limited purposes) index mentioned in column 1 was so placed. (3) A person commits an offence if— (a) the person’s conduct causes the matching that is not permitted by this Act of a DNA profile on an index of the ACT DNA database with a DNA profile on the same or another index of the ACT DNA database; and (b) the person intends, or is reckless about, the matching. (4) This section does not make it an offence for conduct to cause a matching that is not permitted by this Act if the matching is solely for the purpose of administering the ACT DNA database. Table 97 Table of permissible matching of DNA profiles crime scene yes yes only if suspects yes yes only if yes yes only if offenders yes yes only if persons yes yes only if yes yes only if