Defence Forces (Evidence) Act 2022
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Chapter 2 Functions of Director of FSI in relation to DNA (Military Police) Database System | ||
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Functions of Director of FSI in relation to DNA (Military Police) Database System | ||
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30. (1) The Director of FSI shall establish and operate the DNA (Military Police) Database System in accordance with this Act. | ||
(2) Without prejudice to the generality of subsection (1), the Director of FSI shall perform, or cause to be performed, the following functions in relation to the DNA (Military Police) Database System: | ||
(a) the generation of DNA profiles from the samples taken under this Act; | ||
(b) if appropriate, the entry of the DNA profiles generated in the appropriate index of the DNA (Military Police) Database System; | ||
(c) the searching of the DNA (Military Police) Database System and the DNA Database System in accordance with section 32 to ascertain whether there is a match between two DNA profiles in either of those Systems, or in both of those Systems; | ||
(d) the reporting to the provost marshal of the results of searches of the DNA (Military Police) Database System and the DNA Database System; | ||
(e) the destruction of samples taken under this Act in accordance with Part 7 ; | ||
(f) the removal of DNA profiles from the DNA (Military Police) Database System in accordance with Part 7 or for the purpose of the administration of the System; | ||
(g) the maintenance of the security of the DNA profiles and information in the DNA (Military Police) Database System in accordance with this Act; | ||
(h) the automated searching of certain DNA profiles in the DNA (Military Police) Database System in accordance with Chapter 2 of Part 12 of the Act of 2014; | ||
(i) the automated comparison of certain DNA profiles in the DNA (Military Police) Database System with other DNA profiles in accordance with Chapter 2 of Part 12 of the Act of 2014. | ||
(3) The Director of FSI shall not— | ||
(a) generate a DNA profile from a sample taken under this Act, or | ||
(b) enter a DNA profile in an index of the DNA (Military Police) Database System, | ||
unless such generation or entry, as the case may be, is necessary for the purposes of the investigation of an offence against military law. | ||
(4) Subject to subsection (5), the Director of FSI may make such arrangements, including contractual arrangements, as he or she considers appropriate with such other laboratories (whether within or outside the State) for the performance of the function under subsection (2)(a) or the performance of that function in any particular case or class of cases. | ||
(5) Arrangements under subsection (4) shall be subject to compliance with the requirements of this Act and such terms and conditions as may be agreed. |