Section 23YDAD — Crimes Act 1914: Supply of forensic material for purposes of DNA database

(1) A person commits an offence if: (a) the person engages in conduct; and (b) the person’s conduct results in the forensic material taken from any person, and which is required to be destroyed, under this Part or under a corresponding law of a participating jurisdiction, to be supplied to another person; and (c) the person is reckless as to whether the forensic material is required to be destroyed and the supply of the material to the other person; and (d) the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the Commonwealth DNA database system. Penalty: Imprisonment for 2 years. (2) A person commits an offence if: (a) the person engages in conduct; and (b) that conduct results in the supply of forensic material to any person and the person is reckless as to that result; and (c) the person is reckless as to whether the forensic material is not excluded forensic material; and (d) the person intends that the forensic material be analysed for the purpose of deriving a DNA profile for inclusion on an index of the Commonwealth DNA database system. Penalty: Imprisonment for 2 years. (3) In this section: excluded forensic material means forensic material: (a) found at a crime scene; or (b) taken from a suspect in accordance with Division 3, 4 or 5 or under a corresponding law of a participating jurisdiction; or (c) taken from a serious offender or a volunteer in accordance with Division 6A or 6B or under a corresponding law of a participating jurisdiction; or (d) taken from the body of a deceased person; or (e) that is from the body of a missing person; or (f) taken from a volunteer who is a relative by blood of a deceased or missing person.