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.

464ZGA Forensic information from juveniles

(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.

(a)a person has a DNA profile sample taken or undergoes a forensic procedure as a child in accordance with this Subdivision, whether before or after the commencement of section 28 of the Crimes (Amendment) Act 1997; and

S. 464ZGA(1)(a) amended by No. 3/2019 s. 67(1).

(b)any sample taken is not required to be destroyed under this Subdivision, other than under this subsection; and

(c)the person is not found guilty of any further offence before attaining the age of 26 years—

(2)Subsection (1) does not apply if—

S. 464ZGA(2) amended by Nos 77/2005 s. 8(3)(d), 7/2008 s. 7(3)(f), 63/2014 s. 3(5), substituted by No. 5/2018 s. 9.

(a)the person from whom the sample was taken is found guilty of—

(i)the offence in relation to which the DNA profile sample was taken or the forensic procedure was conducted; or

(ii)an offence arising out of the same circumstances as the offence referred to in subparagraph (i); or

(iii)an offence in respect of which evidence obtained as a result of the DNA profile sample or the forensic procedure had probative value; and

(b)the offence of which the person is found guilty is—

(i)an offence against this Act; or

(ii)an offence at common law the maximum penalty for which is specified by this Act; and

(c)the offence of which the person is found guilty is punishable by level 4 imprisonment (15 years maximum) or more (however the penalty is described); and

(d)the sample—

(i)was taken in accordance with an order under section 464ZF(2); or

(ii)is the subject of an order under section 464ZFB(1).