Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

464ZFAE Senior police officer may authorise taking a DNA profile sample from certain adults and children who have previously provided a sample

(1)A senior police officer, on request from a police officer, may authorise the taking of a DNA profile sample from a person if the senior police officer is satisfied that—

(a)a sample for the purpose of deriving a DNA profile was previously taken from the person—

(i)in accordance with an order made by a court under section 464T, 464U, 464V, 464ZF or 464ZFAAA; or

(ii)in accordance with section 464SC, an authorisation given under section 464SE, a direction given under section 464ZFAB or a senior police officer authorisation; and

(b)a forensic scientist has not derived a DNA profile from the sample taken from the person.

(2)A senior police officer may serve, or may cause to be served, a notice on a person referred to in subsection (1) directing the person to attend at a police station specified in the notice within 28 days after service of the notice to take a DNA profile sample.

(3)A notice under subsection (2) must state—

(a)the date on which the senior police officer authorisation was given; and

(b)the kind of DNA profile sample that is to be taken from the person; and

(c)the name, rank and telephone number of the senior police officer who gave the authorisation; and

(d)that the Chief Commissioner of Police does not have a DNA profile of the person; and

(e)that a DNA profile was not able to be derived by a forensic scientist from the sample given by the person—

(i)in accordance with an order made by a court under section 464T, 464U, 464V, 464ZF or 464ZFAAA; or

(ii)in accordance with section 464SC, an authorisation given under section 464SE, a direction given under section 464ZFAB or a senior police officer authorisation; and

(f)that if the person fails to comply with the notice, application for a warrant to arrest the person may be made without further notice to the person; and

(g)that the person may wish to seek legal advice as to the effect of the notice; and

(h)the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and

(i)that a police officer may use reasonable force to enable the DNA profile sample to be taken.

(4)A notice under subsection (2) must be served by delivering a true copy of the notice to the person personally.

(5)Section 464ZFAA(6), (7) and (8) apply to a notice served under subsection (2) as if it were a notice served under that section.