33BProhibited analysis

33B Prohibited analysis

DNA database has the meaning given by section 464(2) of the Crimes Act 1958;

Part 4 sample means a sample of blood, urine or oral fluid taken from, or furnished or provided by, a person under this Part;

permitted purpose, in relation to an analysis of a Part 4 sample, means the purpose of determining—

(a) whether alcohol or any other drug is present in the sample; or

(b) the level of concentration in which alcohol or any other drug is present in the sample;

prohibited analysis, in relation to a Part 4 sample, means analysis of the sample for a purpose other than the permitted purpose.

Example

Deriving a DNA profile from the sample is a purpose for which analysis is prohibited.

(2) A person who intentionally or recklessly—

(a) supplies a Part 4 sample, or causes a Part 4 sample to be supplied, to a person for prohibited analysis; or

(b) carries out a prohibited analysis of a Part 4 sample; or

(c) includes, or causes the inclusion of, information derived from a prohibited analysis on a DNA database kept under a law of this State or the Commonwealth or of another State or a Territory—

is guilty of an offence and liable to imprisonment for a term of not more than 12 months or to a fine of not more than 120 penalty units.