Defence Forces (Evidence) Act 2022
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Removal of certain DNA profiles from reference (Military Police) index of DNA (Military Police) Database System in certain circumstances | ||
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51. (1) Subject to section 52 ,a DNA profile of a person generated from a sample taken from him or her under section 9 , 10 or 11 and entered in the reference (Military Police) index of the DNA (Military Police) Database System shall, if not previously removed, be removed from that System in any of the following circumstances not later than the expiration of a period of 3 months from the date on which such circumstances first apply to the person: | ||
(a) in a case where the sample was taken from the person under section 9 , 10 or 11 and proceedings for a relevant offence— | ||
(i) are not instituted against the person within the period of 12 months from the date of the taking of that sample and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or | ||
(ii) have been instituted and— | ||
(I) the person is acquitted of the relevant offence, | ||
(II) the charge against the person in respect of the relevant offence is dismissed in accordance with section 177, 177C, 177D, 178, 178C or 178D of the Act of 1954, or | ||
(III) the proceedings for the relevant offence are discontinued; | ||
(b) in a case where the sample was taken from the person under section 9 , 10 or 11 and his or her conviction for the relevant offence concerned, in connection with which that sample was taken, is quashed; | ||
(c) the person’s conviction for the offence against military law concerned in connection with which the sample concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993 . | ||
(2) For the purposes of this section, “retention period”, in relation to the DNA profile of a person that is entered in the reference (Military Police) index of the DNA (Military Police) Database System, means the period from the generation of that DNA profile from the sample concerned taken from the person to the latest date for the removal of that DNA profile from that System under subsection (1). |