Defence Forces (Evidence) Act 2022

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Chapter 4

Application of this Part to persons from whom samples were taken under Part 4

Destruction of samples taken from persons under section 22 and destruction, or removal from DNA (Military Police) Database System, of their DNA profiles

58. (1) Subject to subsection (2), a person from whom a sample was taken under section 22 may request the destruction of the sample or the DNA profile generated from the sample, or both, by notice in writing sent or given to the provost marshal.

(2) Where the DNA profile in respect of a person from whom a sample was taken under section 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24 , a request by the person under subsection (1) to have his or her DNA profile destroyed shall be regarded as including a request to have his or her DNA profile removed from that System.

(3) Subject to subsections (4) to (7) and section 60 , a sample taken from a person under section 22 , and the DNA profile generated from the sample in respect of the person from whom it was taken, shall be destroyed not more than 3 months after the receipt by the provost marshal of the notice under subsection (1).

(4) Where the DNA profile in respect of a person from whom a sample was taken under section 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24 , the provost marshal may request the person to consent to the removal of the DNA profile in respect of the person from that System and its retention solely for the purposes of the investigation of the particular offence in connection with the investigation of which the sample was taken.

(5) If the person referred to in subsection (4) consents in writing to the retention of his or her DNA profile in relation to the investigation of the particular offence concerned, then, subject to subsection (6), the DNA profile that was generated from the sample in respect of that person shall be removed from the DNA (Military Police) Database System and retained solely for the purposes of the investigation of that offence.

(6) A member of the Military Police shall, before the consent of the person concerned is obtained under subsection (5), inform that person of the following effects of giving that consent:

(a) that the DNA profile in respect of that person generated from the sample that has already been taken from him or her shall be removed from the DNA (Military Police) Database System and retained solely for the purposes of the investigation of the particular offence concerned;

(b) that the DNA profile in respect of that person may be destroyed in accordance with subsections (1) and (3).

(7) A consent under subsection (5) shall specify the particular offence that is being investigated to which it relates.

(8) Subject to subsection (10), a sample taken from a person under section 22 , and the DNA profile generated from the sample in respect of the person from whom it was taken, shall, if not previously destroyed, be destroyed not more than 3 months after the investigation of the offence in relation to which the sample was taken is concluded or any proceedings in respect of that offence are determined, whichever is the later.

(9) The member of the Military Police in charge of the investigation of the offence referred to in subsection (8) shall determine, for the purposes of that subsection, when the investigation of that offence is concluded.

(10) Where the DNA profile in respect of a person from whom a sample was taken under section 22 is entered in the reference (Military Police) index of the DNA (Military Police) Database System under section 24 , that DNA profile shall not be removed from that System unless the person makes a request, or is regarded under subsection (2) as having made such a request, to have it so removed and, on such a request being made or regarded as having been made, his or her DNA profile shall be removed as soon as practicable thereafter from that System.