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.

464ZFC Destruction of information following finding of guilt etc.

(1)Subject to section 464ZFD(2), if— the Chief Commissioner of Police must without delay destroy, or cause to be destroyed, any sample taken and any related material and information.

(aa)a finding of guilt, a conviction or a verdict of not guilty because of mental impairment referred to in section 464ZFB(1AA) is set aside on appeal; or

(ab)the finding of guilt of a registrable offender within the meaning of section 3(1) of the Sex Offenders Registration Act 2004 is quashed or set aside on appeal and, but for that offence, the person would not be a registrable offender; or

(a)a police officer does not make an application under section 464ZFB(1) or (1A) within the period specified by that subsection; or

(b)a court refuses to make an order under section 464ZFB(1) or (1A)—

(2)If a sample or related material and information is required to be destroyed in accordance with this section, the Chief Commissioner of Police must, if the person on whom the procedure was conducted so requests, within 14 days after receiving the request, notify in writing that person of whether the destruction has occurred.

(3)A person who knowingly— a sample or related material and information required by this section to be destroyed is guilty of a summary offence punishable on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).

(a)fails to destroy; or

(b)uses, or causes or permits to be used—

(4)A person who at any time uses, or causes or permits to be used, or otherwise disseminates information derived from, any sample or related material and information required by this section to be destroyed except in good faith for the purposes of section 464ZFD(2) is guilty of a summary offence punishable on conviction by level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).