Defence Forces (Evidence) Act 2022
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Removal in exceptional circumstances of certain DNA profiles in reference (Military Police) index of DNA (Military Police) Database System from that system | ||
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53. (1) Notwithstanding sections 51 and 52 , if the provost marshal is satisfied that exceptional circumstances, specified in subsection (2), exist that justify the removal from the DNA (Military Police) Database System of a DNA profile that was generated from a sample taken from a person under section 9 , 10 or 11 and entered in the reference (Military Police) index of that System, the DNA profile concerned shall be so removed as soon as practicable after the application of those circumstances in relation to that DNA profile 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 (from which his or her DNA profile was generated), 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 (from which his or her DNA profile was generated) 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 (from which his or her DNA profile was generated) was unlawful. |