Defence Forces (Evidence) Act 2022
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Chapter 3 Application of this Part to persons from whom samples were taken under Part 3 | ||
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Destruction of samples taken from persons under section 19 and removal of their DNA profiles from DNA (Military Police) Database System | ||
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56. (1) Subject to subsection (4), a sample taken from a person under section 19 shall 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) Subject to subsections (5) and (6), the DNA profile in respect of a person to whom section 19 (2) applies entered in the elimination (Military Police) index of the DNA (Military Police) Database System shall not be removed from that System until the expiration of the period of 10 years after the person ceases to be a member of the Military Police and the DNA profile concerned shall be removed from that System as soon as practicable after that period. | ||
(3) A person to whom section 19 (3) applies and from whom a sample was taken under that section may, at any time and without specifying a reason, request the destruction of the sample, if not already destroyed, and the removal of his or her DNA profile from the DNA (Military Police) Database System by notice in writing sent or given to the provost marshal. | ||
(4) Subject to subsections (5) and (6), a sample taken under section 19 from a person referred to in subsection (3) shall be destroyed if not previously destroyed, and his or her DNA profile shall be removed from the DNA (Military Police) Database System, not more than 3 months after the receipt by the provost marshal of the notice under subsection (3). | ||
(5) If the Director of FSI, following consultation with the provost marshal, is satisfied that there is good reason relating to the investigation of offences against military law why a DNA profile in respect of a person entered in the elimination (Military Police) index of the DNA (Military Police) Database System should not be removed from that System under subsection (2) or (4), the Director of FSI may, subject to subsection (6), direct that the DNA profile should not be removed from that System. | ||
(6) At the end of each year, the Director of FSI shall carry out a review to determine whether any of the DNA profiles in respect of persons referred to in subsection (5) shall be removed from the DNA (Military Police) Database System and he or she shall consult the provost marshal for the purposes of that review. | ||
(7) The Director of FSI shall inform by notice in writing a person from whom a sample was taken under section 19 — | ||
(a) if a direction is given by the Director of FSI under subsection (5) in relation to the DNA profile in respect of the person, and | ||
(b) if appropriate, of a determination under subsection (6) in relation to the DNA profile in respect of the person. |