Defence Forces (Evidence) Act 2022
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Use of reasonable force to take sample under section 9 or non-intimate sample | ||
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15. (1) Without prejudice to the generality of sections 9 and 11 and subject to subsection (2), where a person fails or refuses to allow a sample to be taken from him or her pursuant to either of those sections, a member of the Military Police, and the member or members of the Military Police assisting that member, may use such force as is reasonably considered necessary to take the sample, or to prevent the loss, destruction or contamination of the sample, or both. | ||
(2) The power referred to in subsection (1) shall not be exercised unless a member of the Military Police not below the rank of commandant authorises it. | ||
(3) Where it is intended to exercise the power conferred by subsection (1), one of the members of the Military Police concerned shall inform the person concerned— | ||
(a) of that intention, and | ||
(b) that an authorisation to do so has been given under subsection (2). | ||
(4) A sample to be taken pursuant to this section shall be taken in the presence of a member of the Military Police not below the rank of captain and that member shall determine the number of members of the Military Police that is reasonably necessary for the purposes of subsection (1). | ||
(5) The taking of a sample pursuant to this section shall be recorded by electronic or similar means. |