63Disclosure of information

63 Disclosure of information

(1)  Except as otherwise provided by this section, a person who has access –

(a) to any information stored on the DNA database system; or

(b) to any other information revealed by a forensic procedure carried out on a person under this Act or a corresponding law –

must not intentionally or recklessly disclose, or cause the disclosure of, that information.

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

(2)  A person may only disclose information stored on the DNA database system for one or more of the following purposes:

(a) the purpose of forensic comparison in the course of a criminal investigation by a police officer or other prescribed person;

(b) the purpose of making the information available, in accordance with the regulations, to the person to whom the information relates;

(c) the purpose of administering the DNA database system;

(d) [Section 63 Subsection (2) amended by No. 29 of 2003, s. 8, Applied:04 Jun 2003] the purpose of an arrangement made under section 57 or 58 ;

(e) the purpose of, and in accordance with, the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth or the Extradition Act 1988 of the Commonwealth;

(f) the purpose of a coronial inquest or inquiry;

(fa) [Section 63 Subsection (2) amended by No. 28 of 2014, s. 22, Applied:17 Dec 2014] the purpose of identifying a deceased person or identifying or locating a missing person;

(g) the purpose of investigation of a complaint by the Ombudsman.

(3)  A person may only disclose information revealed by the carrying out of a forensic procedure as follows:

(a) if the person is the person to whom the information relates;