Defence Forces (Evidence) Act 2022
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Circumstances in which person to be informed of destruction of sample or destruction, or removal from DNA (Military Police) Database System, of DNA profile | ||
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62. (1) Where, in relation to an intimate sample or a non-intimate sample taken from a person, the retention period under section 47 is extended on one or more occasions under section 48 , the provost marshal shall, upon the expiration of that period (as so extended), cause the person from whom the sample concerned was taken to be informed by notice in writing as soon as may be after the sample concerned has been destroyed under this Part of its destruction. | ||
(2) Where, 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— | ||
(a) the retention period under section 51 is extended on one or more occasions under section 52 , or | ||
(b) a summary court-martial makes an order under section 60 (1) authorising the retention of the DNA profile in that System for such period as it considers appropriate, | ||
the provost marshal shall, upon the expiration of the period (as so extended) concerned, cause the person to whom the DNA profile relates to be informed by notice in writing as soon as may be after the removal of the DNA profile from that System of its removal. | ||
(3) The provost marshal shall inform, or cause to be informed, by notice in writing a person from whom a sample was taken under section 19 or 20, as soon as may be after— | ||
(a) the sample has been destroyed under this Part, of its destruction, or | ||
(b) the removal of the DNA profile in respect of the person from the DNA (Military Police) Database System under this Part, of its removal from that System. | ||
(4) The provost marshal shall, in relation to a sample taken under section 22 , cause the person from whom the sample was taken if he or she applied for or requested— | ||
(a) the destruction of the sample, or | ||
(b) the destruction, or removal from the DNA (Military Police) Database System, of his or her DNA profile, | ||
or both, to be informed by notice in writing as soon as may be after— | ||
(i) the sample has been destroyed under this Part, of its destruction, or | ||
(ii) the destruction of the DNA profile in respect of the person, of its destruction, or its removal from the DNA (Military Police) Database System under this Part, of its removal from that System, or both. |