Defence Forces (Evidence) Act 2022

Code of practice

81. (1) The provost marshal shall, as soon as practicable after the commencement of this section and following consultation with the Director of FSI, prepare for submission to the Minister a draft code of practice for the purposes of providing practical guidance as to the procedures regarding the taking of samples by members of the Military Police from persons under this Act or causing such samples to be taken.

(2) A code of practice prepared under this section shall be submitted to the Minister for approval.

(3) The Minister may approve, or approve subject to modifications, a code of practice submitted to the Minister under subsection (2) and, when a code of practice has been so approved, it shall apply and have effect in accordance with its terms.

(4) A code of practice approved under this section may be amended or revoked.

(5) Amendments to such a code of practice, other than amendments of a minor or technical nature, shall be submitted to the Minister for approval.

(6) If it is proposed to revoke a code of practice approved under this section, the proposed revocation shall be submitted to the Minister for approval.

(7) The Minister may approve, or approve subject to modifications, an amended code of practice submitted to the Minister under subsection (5) and, when such a code of practice has been so approved, it shall apply and have effect in accordance with its terms.

(8) The Minister may approve the revocation of a code of practice.

(9) A code of practice, or an amended code of practice, approved by the Minister under this section shall be made publicly available by the provost marshal.