Victorian Current Acts Victorian Current ActsAfter section 464ZGFB of the Crimes Act 1958 insert —
(1) This section applies despite anything to the contrary in this Subdivision.
(2) Subject to subsection (3), within 12 months of the commencement of Part 1.2 of the Youth Justice Act 2024 , the Chief Commissioner of Police must destroy or cause to be destroyed—
(a) any fingerprint taken from a person under this Subdivision in respect of the commission or alleged commission of an offence by the person when the person was under 12 years of age; and
(b) any record, copy or photograph of that fingerprint.
(3) The Chief Commissioner of Police is not required to destroy or cause to be destroyed a person's fingerprint referred to in subsection (2)(a) or a record, copy or photograph of that fingerprint if the person has died.
(4) If a person's fingerprint and any record, copy or photograph of that fingerprint is required by this section to be destroyed, the Chief Commissioner of Police, on the request of that person, must notify the person in writing as to whether that fingerprint and other information has been destroyed.
(5) Notice under subsection (4) must be given within 14 days after the Chief Commissioner of Police receives the person's request.
(6) A person must not knowingly fail to destroy a fingerprint, or record, copy or photograph of a fingerprint, that is required by this section to be destroyed.
Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(7) A person must not knowingly use, or cause or permit to be used, or otherwise disseminate information derived from a fingerprint, or record, copy or photograph of a fingerprint, that is required by this section to be destroyed.
Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(8) An offence against subsection (6) or (7) is a summary offence.
(9) In this section—
"destroy" includes—
(a) physically destroy; and
(b) permanently de-identify information which identifies the person from whom the fingerprint was taken; and
(c) permanently de-identify information from which the person's identity may be ascertained;
"fingerprints" includes a fingerscan taken under this Subdivision.
(1) This section applies despite anything to the contrary in this Subdivision.
(2) Subject to section 464ZFD(2), within 12 months of the commencement of Part 1.2 of the Youth Justice Act 2024 , the Chief Commissioner of Police must destroy or cause to be destroyed any of the following taken from a person under this Subdivision in respect of the commission or alleged commission of an offence by the person when the person was under 12 years of age—
(a) any sample taken from the person in a forensic procedure and any related material and information;
(b) any DNA profile sample taken from the person and any related material and information;
(c) any other sample taken from the person and any related material and information.
(3) If a person's sample and any related material and information is required by this section to be destroyed, the Chief Commissioner of Police, on the request of that person, must notify the person in writing as to whether that sample and related material and information has been destroyed.
(4) Notice under subsection (3) must be given within 14 days after the Chief Commissioner of Police receives the person's request.
(5) A person must not knowingly fail to destroy a sample or any related material and information that is required by this section to be destroyed.
Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(6) A person must not knowingly use, or cause or permit to be used, or otherwise disseminate information derived from a sample or any related material and information that is required by this section to be destroyed, except in good faith for the purposes of section 464ZFD(2).
Penalty: Level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum).
(7) An offence against subsection (5) or (6) is a
summary offence.".
Part 19.7—Amendment of Criminal Procedure Act 2009