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.
Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30A) - Custody and investigation
464ZGI Permissible matching of DNA profiles
Profile to be Is matching matched permitted? Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Volunteers (Volunteers Crime (limited (unlimited Serious Missing Scene Suspects purposes) purposes) offenders persons only if 1. crime scene yes yes yes yes yes yes within purpose 2. suspects yes yes only if yes yes yes yes within purpose 3. volunteers only if only if only if only if only if only if (limited within within within within within within purposes) purpose purpose purpose purpose purpose purpose 4. volunteers yes yes only if yes yes yes yes (unlimited within purposes) purpose 5. serious only if yes yes yes yes yes yes offenders within purpose 6. missing yes yes only if yes yes yes yes within persons purpose 7. unknown yes yes only if yes yes yes yes deceased within persons purpose
S. 464ZGI inserted by No. 16/2002 s. 16.S. 464ZGI (2)(a) amended by No. 32/2007 s. 8(2).
(1)A matching of a DNA profile on an index of the Victorian DNA database specified in column 1 of the following Table with a DNA profile on another index of the database specified in column 2, 3, 4, 5, 6, 7 or 8 of the Table is not permitted by this Subdivision if—
S. 464ZGI(1) substituted by No. 32/2007 s. 8(1).S. 464ZGI(1) (Table) substituted by No. 32/2007 s. 8(1). Column 8 Unknown deceased persons only if within purpose
(a)"only if within purpose" is shown in relation to the index specified in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers (limited purposes) index specified in column 1; and
(b)the matching is carried out for a purpose other than a purpose for which the DNA profile placed on the volunteers (limited purposes) index specified in column 1 was so placed. TABLE
(2)A person— is guilty of a summary offence and liable to level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(a)whose conduct causes the matching that is not permitted by this Subdivision of a DNA profile on an index of the Victorian DNA database with a DNA profile on the same or another index of the Victorian DNA database; and
(b)who intends or is reckless as to any such matching of profiles—
(3)A person is not guilty of an offence against subsection (2) if the person's conduct causes a matching that is not permitted by this Subdivision but the matching is solely for the purpose of administering the Victorian DNA database.