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CRIMES ACT 1958 - SECT 464ZGN

Arrangements for transmission of information on DNA database

    (1)     The Minister may enter into an arrangement with the responsible Minister for a participating jurisdiction, under which—

        (a)     information from the Victorian DNA database is to be transmitted to the responsible person for the DNA database of the participating jurisdiction for the purposes of—

              (i)     the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of the participating jurisdiction; or

              (ii)     the identification of missing or deceased persons; and

        (b)     information from the DNA database of the participating jurisdiction is to be transmitted to the Chief Commissioner of Police for the purposes of—

              (i)     the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of the participating jurisdiction; or

              (ii)     the identification of missing or deceased persons.

S. 464ZGN(2) amended by No. 54/2016 s. 29(1)(a).

    (2)     The Minister may enter into an arrangement with the Australian Crime Commission, under which—

S. 464ZGN
(2)(a) amended by No. 54/2016 s. 29(1)(b).

        (a)     information from the Victorian DNA database is to be transmitted to the Australian Crime Commission for comparison with information on the NCIDD for the purposes of—

              (i)     the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of a participating jurisdiction; or

              (ii)     the identification of missing or deceased persons; and

S. 464ZGN
(2)(b) amended by No. 54/2016 s. 29(1)(c).

        (b)     information from the Australian Crime Commission obtained as a result of a comparison with the NCIDD is to be transmitted to the Chief Commissioner of Police for the purposes of—

              (i)     the investigation of, or the conduct of proceedings for, an offence against the law of this State or the law of a participating jurisdiction; or

              (ii)     the identification of missing or deceased persons.

S. 464ZGN(3) amended by No. 54/2016 s. 29(2).

    (3)     Without limiting subsection (2), an arrangement made under that subsection may provide for the Australian Crime Commission—

        (a)     to compare information from the Victorian DNA database with information supplied to it from the DNA database of another participating jurisdiction; and

        (b)     to identify to the Chief Commissioner of Police and the responsible person for the DNA database of the participating jurisdiction any matches that are found as a result of the comparison.

    (4)     An arrangement entered into under this section may not authorise the comparison of information so as to match DNA profiles in a way that would contravene section 464ZGI were the information contained wholly within the Victorian DNA database.

Notes

1     Information that is transmitted under this section must not be recorded or maintained in any database of information that may be used to discover the identity of a person or to obtain information about an identifiable person at any time after the time for destruction of the forensic material that is required by this Subdivision or a corresponding law of a participating jurisdiction. See section 464ZGJ.

2     A person who has access to information from the Victorian DNA database must not disclose the information other than in limited, specified circumstances. See section 464ZGK.

S. 464ZGO inserted by No. 16/2002 s. 16.



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