58BProhibited analysis

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.