1030Informed consent—DNA person and their parent or guardian

1030 Informed consent—DNA person and their parent or guardian

(1) For section 464SD(2)(h) of the Crimes Act 1958 substitute—

"(h) that any sample taken from the DNA person will be destroyed if—

(i) for a DNA person who is a child, the child is given a youth warning or youth caution within the meaning of the Youth Justice Act 2024 in respect of a DNA sample offence; or

(ii) for a DNA person who is a child, the child is referred to an early diversion group conference within the meaning of the Youth Justice Act 2024 in respect of a DNA sample offence, and an early diversion outcome plan within the meaning of that Act is finalised for the child or the child is discharged without any finding of guilt (as the case requires); or

(iii) the person has not been charged with an indictable offence or a DNA sample offence (as the case requires) at the end of 12 months after the taking of the sample; or

(iv) the person has been so charged but the charge is not proceeded with or the DNA person is not found guilty of the offence whether on appeal or otherwise before the end of that period; and".

(2) In section 464SD(4)(a)(i) of the Crimes Act 1958, after "justice" insert "custodial".