52Supply of forensic material

52 Supply of forensic material

(1)  In this section –

approved forensic material means forensic material –

(a) found at a crime scene; or

(b) taken in accordance with Part 2 from a suspect or charged person in relation to a serious offence or under a corresponding law of a participating jurisdiction; or

(c) taken in accordance with Part 3 or 4 from a prescribed offender or a volunteer or under a corresponding law of a participating jurisdiction; or

(d) taken from the body of a deceased 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 deceased or missing person;

prohibited analysis means analysis for the purpose of deriving a DNA profile for inclusion on an index of the DNA database system when the forensic material is required to be destroyed by Part 7 or under a corresponding law of a participating jurisdiction.

(2)  A person must not intentionally or recklessly cause forensic material taken from any person under this Act (or under a corresponding law of a participating jurisdiction) to be supplied to any person for prohibited analysis.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  A person must not intentionally or recklessly cause forensic material, other than approved forensic material, to be supplied to any person for analysis for the purpose of deriving a DNA profile for inclusion on an index of the DNA database system.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.