Defence Forces (Evidence) Act 2022

Amendment of section 113 of Act of 2014 (automated searching of certain DNA data in DNA Database System)

87. Section 113 of the Act of 2014 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) For the purposes of the investigation of criminal offences in a designated state, the national contact point shall allow the national contact point of that designated state access to—

(a) the reference data in the DNA Database System in respect of DNA profiles entered in that System in—

(i) the crime scene index, and

(ii) the reference index, other than DNA profiles entered in that index under section 28,

and

(b) the reference data in the DNA (Military Police) Database System in respect of DNA profiles entered in that System in—

(i) the crime scene (Military Police) index, and

(ii) the reference (Military Police) index, other than DNA profiles entered in that index under section 24 of the Act of 2022,

for the purpose of conducting an automated search of those reference data by comparing a DNA profile (whether identified or unidentified) in an individual case supplied by the national contact point of that designated state with the DNA profiles referred to in paragraphs (a) and (b) to ascertain whether there is a match between them.”,

(b) in subsection (2), by the substitution of “the DNA Database System or the DNA (Military Police) Database System, as the case may be,” for “the DNA Database System” in each place where it occurs, and

(c) by the substitution of the following subsection for subsection (3):

“(3) If, in relation to a DNA profile supplied by the national contact point of a designated state pursuant to subsection (1), a match of DNA profiles is found, a note to that effect may be entered in the appropriate system in relation to the DNA profile for which a match is found in the DNA Database System or the DNA (Military Police) Database System, as the case may be.”.