New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 18H

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.