21AProhibited analysis of blood or oral fluid

### 21A Prohibited analysis of blood or oral fluid > [*\[Section 21A Inserted by No. 38 of 2017, s. 40, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS40@EN) > > > (1)  A sample of blood or oral fluid taken according to the provisions of this Act – > > > > > > (a) may only be used in relation to offences committed against this Act; and > > > > > > > (b) may not be used for the purposes of identification by DNA analysis. > > > (2)  A person is guilty of an offence if he or she intentionally or recklessly – > > > > > > (a) supplies a sample of blood taken in accordance with this Act, or causes or permits a sample to be supplied, to a person for prohibited analysis; or > > > > > > > (b) carries out, or causes or permits to be carried out, a prohibited analysis of a sample of blood taken in accordance with this Act; or > > > > > > > (c) includes, or causes or permits the inclusion of, information derived from a prohibited analysis on a DNA database. > > > (3)  For the purposes of this section – > > > > > ***DNA database*** includes – > > > > > > > > (a) a DNA database system within the meaning of the [Forensic Procedures Act 2000](/view/html/inforce/2026-04-12/act-2000-101) ; and > > > > > > > > > (b) a database containing DNA data that is kept under a law of this, or any other, jurisdiction; and > > > > > > > > > (c) such other database, or class of databases, as is prescribed; > > > > > ***prohibited analysis***, in relation to a sample of blood, means analysis of the sample for a purpose other than a purpose for which the sample is permitted to be used under this Act.