Defence Forces (Evidence) Act 2022

Entry of DNA profiles of volunteers in reference (Military Police) index of DNA (Military Police) Database System

24. (1) A member of the Military Police not below the rank of sergeant may, at the time a sample is taken under section 22 or at any time thereafter, inform a volunteer from whom the sample is being, or was, taken (other than a victim, or a person reasonably considered to be a victim, of the relevant offence, or incident that may have involved the commission of a relevant offence, being investigated),  that he or she may consent to the entry of his or her DNA profile generated from the sample in the reference (Military Police) index of the DNA (Military Police) Database System.

(2) A member of the Military Police shall inform a volunteer to whom subsection (1) applies of the following before the DNA profile in respect of the volunteer may be entered in the reference (Military Police) index of the DNA (Military Police) Database System:

(a) that the volunteer concerned is not obliged to consent to his or her DNA profile being entered in the reference (Military Police) index of the DNA (Military Police) Database System;

(b) the effect of the entry of the DNA profile in that index of that System;

(c) that the sample taken from the volunteer concerned under section 22 may be destroyed if not previously destroyed, and his or her DNA profile entered in the reference (Military Police) index of the DNA (Military Police) Database System may be removed from that System, in accordance with Part 7 .

(3) A volunteer to whom subsection (1) applies shall consent in writing before his or her DNA profile may be entered in the reference (Military Police) index of the DNA (Military Police) Database System and, if he or she so consents, his or her DNA profile may be entered in that index of that System.