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.

464ZGFB Destruction of samples given by police and VIFM personnel and storage of DNA information

(1)The Chief Commissioner of Police is responsible for ensuring the destruction under this section of samples and DNA profiles that are held or managed by Victoria Police.

(2)The Chief Executive Officer of the Institute is responsible for ensuring the destruction under this section of samples and DNA profiles that are held or managed by the Institute.

S. 464ZGFB(2) amended by No. 34/2024 s. 51(1).

(3)A DNA profile derived from a sample given under section 464ZGFA must be stored on a database that—

(a)is not a DNA database; and

(b)is not connected to any other database on which matching of DNA profiles occurs.

1DNA database is defined in section 464(2).

2A sample given under section 464ZGFA must not be entered in NCIDD.

(4)A sample given under section 464ZGFA and a DNA profile derived from the sample must be destroyed if—

S. 464ZGFB(4) amended by No. 3/2019 s. 69.

(a)in the case of a sample given by the Chief Commissioner of Police, the Chief Commissioner requests the destruction of the sample by notice in writing to the Minister administering the Victoria Police Act 2013; or

(b)in the case of a sample given by any other member of Victoria Police personnel or a visitor to any premises at which the Victoria Police Forensic Services Department performs functions, the member or visitor requests the destruction of the sample by notice in writing to the Chief Commissioner of Police; or

(c)in the case of a sample given by the Chief Executive Officer of the Institute, the Chief Executive Officer requests the destruction of the sample by notice in writing to the Attorney-General; or

(d)in the case of a sample given by an employee of the Institute or a visitor to any premises at which the Institute performs any of its functions, the employee or visitor requests the destruction of the sample by notice in writing to the Chief Executive Officer of the Institute; or

(e)12 months have elapsed since the person who gave the sample ceased to be a member of Victoria Police personnel, the Chief Executive Officer of the Institute or an employee of the Institute, as the case may be.

(5)Without affecting any other arrangements for destruction of samples, this section also applies, on and from its commencement, to a sample given voluntarily by a person referred to in section 464ZGFA(2) before the commencement of this section.

(6)A person must not knowingly— a sample, or a DNA profile derived from a sample, that is required by this section to be destroyed. Penalty: level 8 imprisonment (1 year maximum).

(a)fail to destroy; or

(b)use, or cause or permit to be used, or otherwise disseminate information derived from—

(7)An offence against subsection (6) is a summary offence. years of age