Victorian Numbered Acts Victorian Numbered ActsAfter section 464ZFAA of the Crimes Act 1958 insert —
(1) In this section—
"registrable offender" has the same meaning as in section 3 of the Sex Offenders Registration Act 2004 .
(2) A police officer may, at any time, direct a person to undergo a forensic procedure for the taking of a sample from any part of the body if, at the time that the direction is given—
(a) the person is a registrable offender; and
(b) the Chief Commissioner of Police does not have a forensic sample from the person.
(3) A senior police officer may serve, or may cause to be served, a notice on a person referred to in subsection (2) directing the person to attend at a police station specified in the notice within 28 days after service of the notice to undergo a forensic procedure.
(4) A notice under subsection (3) must—
(a) state that if the person fails to comply with the notice, an application for a warrant to arrest the person may be made without further notice to the person; and
(b) state that the person may wish to seek legal advice as to the effect of the notice; and
(c) state the name, rank and telephone number of the senior police officer serving the notice or causing the notice to be served; and
(d) contain the prescribed information, if any.
(5) A notice under subsection (3) must be served by delivering a true copy of the notice to the person personally.
(6) Section 464ZFAA(6), (7) and (8) apply to a notice served under subsection (3) as if it were a notice served under that section.
(7) If a forensic procedure is conducted on a person under this section, the sample taken and any related material and information may be retained indefinitely.
(8) Subsection (7) does not apply if, on appeal against conviction, the finding of guilt of the registrable offender in respect of an offence is quashed or set aside and, but for that offence, the person would not be a registrable offender.".