1033Destruction of identifying information

1033 Destruction of identifying information

(1) For section 464ZG(1) of the Crimes Act 1958 substitute—

"(1) In this section—

early diversion group conference has the same meaning as in the Youth Justice Act 2024;

early diversion outcome plan has the same meaning as in the Youth Justice Act 2024;

relevant offence means—

(a) the indictable offence in respect of which the DNA profile sample was taken or the forensic procedure was conducted; or

(b) any other indictable offence arising out of the same circumstances; or

(c) any other indictable offence in respect of which the evidence obtained as a result of the DNA profile sample or the forensic procedure has probative value;

youth caution has the same meaning as in the Youth Justice Act 2024;

youth warning has the same meaning as in the Youth Justice Act 2024.".

(2) In section 464ZG(3) of the Crimes Act 1958, before paragraph (a) insert—

"(aa) the person has been given a youth warning or youth caution in respect of a relevant offence; or

(aab) the person has been referred to an early diversion group conference in respect of a relevant offence and—

(i) in the case of a person referred by a police officer, an early diversion outcome plan has been finalised for the person; or

(ii) in the case of a person referred by the Children's Court, the person has been discharged without any finding of guilt; or".

(3) In section 464ZG(4) of the Crimes Act 1958, before paragraph (a) insert—

"(aa) in a case to which subsection (3)(aa) applies, within one month after the giving of that youth warning or youth caution; or

(aab) in a case to which subsection (3)(aab)(i) applies, within one month after the Chief Commissioner of Police has been notified of the finalisation of that early diversion outcome plan; or

(aac) in a case to which subsection (3)(aab)(ii) applies, within one month after the Chief Commissioner of Police has been notified that the person has been discharged without any finding of guilt; or".

(4) In section 464ZG(5) of the Crimes Act 1958, for "subsection (4)" (where twice occurring) "subsection (4)(a) or (b)".