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CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 76

76 .         Terms used

                In this Part —

        crime scene index means an index of DNA profiles derived from material obtained from —

            (a)         a place (whether within or outside Australia) where an offence under the law of this State, another State, a Territory or the Commonwealth was, or is reasonably suspected to have been, committed;

            (b)         on or in the body of a person who was involved when such an offence was committed, whether as a suspect for, or as a victim of, or as a witness to, the offence;

            (c)         on or in anything worn or carried by a person referred to in paragraph (b) at the time of the offence; or

            (d)         anything in respect of which the offence was committed or that was used in committing, or in connection with committing, the offence,

        together with information about when and where the DNA profile was obtained, but does not include the DNA profile of a person reasonably suspected to have committed the offence that was obtained from that person;

        DNA database means a database (whether or not on a computer and however described) that contains —

            (a)         the following indexes of DNA profiles —

                  (i)         a crime scene index;

                  (ii)         a missing persons index;

                  (iii)         an offenders index;

                  (iv)         a suspects index;

                  (v)         an unknown deceased persons index;

                  (vi)         a volunteers (limited purposes) index;

                  (vii)         a volunteers (unlimited purposes) index;

            (b)         a statistical index; and

            (c)         if an index is prescribed by the regulations for the purposes of this definition — that index;

        DNA database index means an index of DNA profiles mentioned in paragraph (a) of the definition of DNA database ;

        missing persons index means an index of the DNA profiles of —

            (a)         missing people; or

            (b)         volunteers who are relatives by blood of such people,

        together with the personal details of the people whose profiles they are to the extent that those details are known;

        offenders index means an index of the DNA profiles obtained —

            (a)         under Part 6 or 7 from suspects each of whom has been subsequently found guilty of the offence that he or she was suspected of having committed;

            (b)         under Schedule 1 clause 6  2 from remand prisoners each of whom has been subsequently found guilty of the offence that he or she was suspected of having committed;

            (c)         under Schedule 1 clause 6  2 from serious offenders; or

            (d)         under the corresponding laws of participating jurisdictions from people who have been convicted of offences under the laws of those jurisdictions,

        together with the personal details of the people whose profiles they are;

        statistical index means an index of information —

            (a)         that is obtained from the analysis of material obtained from people under this Act or under the corresponding laws of participating jurisdictions;

            (b)         that does not contain the personal details of any person whose DNA profile is in the index;

            (c)         that is compiled for statistical purposes; and

            (d)         that cannot be used to discover the identity of people from whom the material was obtained,

        and includes a statistical index lawfully compiled for statistical purposes before the commencement of this Part;

        suspects index means an index of the DNA profiles obtained —

            (a)         under Part 6 or 7 from suspects each of whom has not been found guilty of the offence that he or she was suspected of having committed;

            (b)         under Schedule 1 clause 6  2 from remand prisoners; or

            (c)         under the corresponding laws of participating jurisdictions from people who are suspected of having committed, but who have not been convicted of, offences under the laws of those jurisdictions,

        together with the personal details of the people whose profiles they are;

        unknown deceased persons index means an index of the DNA profiles obtained from deceased people whose personal details are unknown, together with information about when and where the DNA profile was obtained;

        volunteers (limited purposes) index means an index of the DNA profiles obtained —

            (a)         under Part 4 Division 2 from volunteers;

            (b)         under Part 5 from victims and witnesses;

            (c)         under the corresponding laws of participating jurisdictions from similar people; or

            (d)         under Part 4 Division 3, or under the corresponding laws of participating jurisdictions, from deceased people,

        in respect of which there are limits as to the forensic purposes for which they may be used, together with the personal details of the people whose DNA profiles they are;

        volunteers (unlimited purposes) index means an index of the DNA profiles obtained —

            (a)         under Part 4 Division 2 from volunteers;

            (b)         under Part 5 from victims and witnesses;

            (c)         under the corresponding laws of participating jurisdictions from similar people; or

            (d)         under Part 4 Division 3, or under the corresponding laws of participating jurisdictions, from deceased people,

        in respect of which there are no limits as to the forensic purposes for which they may be used, together with the personal details of the people whose DNA profiles they are.



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