18H   Prohibited analysis

(1)  In this section:

Division 3A sample means a sample of oral fluid or blood taken from, or furnished or provided by, a person under this Division.

DNA database means any database that contains DNA data and includes any DNA database system within the meaning of the Crimes (Forensic Procedures) Act 2000.

permitted purpose, in relation to an analysis of a Division 3A sample, means the purpose of determining whether any prescribed illicit drugs are present in the sample.

prohibited analysis, in relation to a Division 3A sample, means analysis of the sample for a purpose other than the permitted purpose.

Note. For example, deriving a DNA profile from the sample is a purpose for which analysis is prohibited.

(2)  A person must not intentionally or recklessly:

(a)  supply a Division 3A sample, or cause or permit a Division 3A sample to be supplied, to a person for prohibited analysis, or

(b)  carry out, or cause or permit to be carried out, a prohibited analysis of a Division 3A sample, or

(c)  include, or cause the inclusion of, information derived from a prohibited analysis on a DNA database kept under a law of this State or the Commonwealth or of another State or a Territory.

Maximum penalty: 30 penalty units.