Defence Forces (Evidence) Act 2022

Regulations regarding taking of samples

73. (1) Subject to this Act, the Minister shall make regulations relating to the taking of samples under this Act.

(2) Without prejudice to the generality of subsection (1), the regulations may provide for all or any of the following:

(a) the manner in which samples may be taken under this Act;

(b) the location and physical conditions in which samples may be taken under this Act;

(c) the persons (including members of the Military Police), and the number of such persons, who may be present when samples are taken, or to be taken, under this Act;

(d) the manner in which, and by whom, the following shall be recorded in the records of the Military Police Corps:

(i) an authorisation given by a member of the Military Police under this Act;

(ii) a consent given, a refusal to give consent or a withdrawal of consent by a person under this Act;

(iii) the giving of information to a person by a member of the Military Police under this Act;

(iv) a notice sent or given by a member of the Military Police, or sent or given to a member of the Military Police, under this Act;

(v) an application or a request relating to the destruction of a sample, or the removal of a DNA profile from the DNA (Military Police) Database System, or both, made under Part 7 ;

(vi) a notice sent or given by the provost marshal to a person under section 62 ;

(vii) particulars of the location, time and manner of the taking of a sample authorised to be taken by a member of the Military Police under this Act.