Defence Forces (Evidence) Act 2022
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Destruction of intimate samples and non-intimate samples in exceptional circumstances | ||
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49. (1) Notwithstanding sections 47 and 48 , if the provost marshal is satisfied that exceptional circumstances, specified in subsection (2), exist that justify the destruction of an intimate sample or a non-intimate sample, the sample concerned shall be destroyed as soon as practicable after the application of those circumstances in relation to that sample becomes known. | ||
(2) The exceptional circumstances referred to in subsection (1) are the existence of one or more of the following: | ||
(a) it is established, at any time after the person concerned is placed in service custody for the purposes of the investigation of a relevant offence during which the sample concerned was taken, that no such offence was committed; | ||
(b) it is established that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence; | ||
(c) it is determined by a court that the placing in service custody of the person concerned for the purposes of the investigation of a relevant offence during which the sample concerned was taken was unlawful. |