Defence Forces (Evidence) Act 2022
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Destruction of certain samples taken for purposes of DNA (Military Police) Database System | ||
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50. (1) Subject to subsection (2), a sample taken from a person under section 9 shall, if not previously destroyed, be destroyed— | ||
(a) as soon as a DNA profile has been generated from the sample, or | ||
(b) before the expiration of the period of 6 months from the date of the taking of the sample, | ||
whichever occurs later. | ||
(2) If the provost marshal is satisfied that exceptional circumstances, specified in subsection (3), exist that justify the destruction of a sample taken from a person under section 9 , the sample shall, if not previously destroyed, be destroyed as soon as practicable after the application of those circumstances in relation to the sample becomes known. | ||
(3) The exceptional circumstances referred to in subsection (2) are the existence of one or more of the following: | ||
(a) it is established, at any time after 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, 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; or | ||
(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. |