Defence Forces (Evidence) Act 2022

Further provision regarding the taking of samples under this Act

72. (1) A sample under this Act—

(a) shall be taken from a person in circumstances affording reasonable privacy to the person, and

(b) shall not be taken from a person in the presence or view of a person whose presence is not necessary for the purpose of the taking of the sample or required or permitted by this Act.

(2) Nothing in this Act authorises the taking of a sample from a person in a cruel, inhuman or degrading manner.

(3) A sample shall not be taken under Part 2 from a person who is placed in service custody in connection with a relevant offence while he or she is being questioned in relation to that offence and, if questioning has not been completed before the sample is to be taken, it shall be suspended while the sample is being taken.