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Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30A) - Custody and investigation
464ZGFD Destruction of samples and other identifying information for children under 12 years of age
(1)This section applies despite anything to the contrary in this Subdivision.
(2)Subject to section 464ZFD(2), within 12 months of the commencement of Part 1.2 of the Youth Justice Act 2024, the Chief Commissioner of Police must destroy or cause to be destroyed any of the following taken from a person under this Subdivision in respect of the commission or alleged commission of an offence by the person when the person was under 12 years of age—
(3)If a person's sample and any related material and information is required by this section to be destroyed, the Chief Commissioner of Police, on the request of that person, must notify the person in writing as to whether that sample and related material and information has been destroyed.
(4)Notice under subsection (3) must be given within 14 days after the Chief Commissioner of Police receives the person's request.
(5)A person must not knowingly fail to destroy a sample or any related material and information that is required by this section to be destroyed. Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(6)A person must not knowingly use, or cause or permit to be used, or otherwise disseminate information derived from a sample or any related material and information that is required by this section to be destroyed, except in good faith for the purposes of section 464ZFD(2). Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(7)An offence against subsection (5) or (6) is a summary offence.