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Road Safety Act 1986
58BProhibited analysis
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58B Prohibited analysis
***DNA database*** has the meaning given by section 464(2) of the **Crimes Act 1958**;
***Part 5 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 5 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 5 sample, means analysis of the sample for a purpose other than the permitted purpose.
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 5 sample, or causes a Part 5 sample to be supplied, to a person for prohibited analysis; or
(b) carries out a prohibited analysis of a Part 5 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.
S. 58BA inserted by No. 46/2024 s. 42D.
58BA Review of amendments made by Division 6 of Part 2 of the Roads and Road Safety Legislation Amendment Act 2024
(1) The Minister must cause a review to be conducted of the operation of the amendments made to this Act by Division 6 of Part 2 of the **Roads and Road Safety Legislation Amendment Act 2024**.
(2) The review must be commenced after the second anniversary of the commencement of Division 6 of Part 2 of the **Roads and Road Safety Legislation Amendment Act 2024**.
(3) The Minister must cause a copy of the review to be laid before each House of the Parliament no later than 3 years after the commencement of Division 6 of Part 2 of the **Roads and Road Safety Legislation Amendment Act 2024**.
Pt 5A (Headings and ss 58C–58R) inserted by No. 68/2017 s. 24.