Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

Receipt of DNA profiles in respect of missing persons, etc., from law enforcement agency in designated state

143. (1) Subject to subsections (2) and (3), the Commissioner may receive from a law enforcement agency in a designated state (including the International Criminal Police Organisation (Interpol)) a DNA profile of a person who is—

(a) a missing person,

(b) a seriously ill, or severely injured, person who is unable by reason of the illness or injury to identify himself or herself, or

(c) an unknown deceased person,

and may transmit the DNA profile to the Director of FSI to enter it, in accordance with the request of the law enforcement agency, in the missing and unknown persons index of the DNA Database System for the purpose of conducting a search by comparing the DNA profile with DNA profiles in that System under section 68 and informing that law enforcement agency of the outcome of the search with a view to finding or identifying the person, as may be appropriate.

(2) If, on a comparison of a DNA profile entered in the DNA Database System under subsection (1) with other DNA profiles in that System in accordance with section 68 a match of DNA profiles is found, the Commissioner shall inform the law enforcement agency that supplied the DNA profile of the match.

(3) The Commissioner may, in relation to a matching DNA profile referred to in subsection (2), provide particulars of the identity of the person to whom the matching DNA profile relates to the law enforcement agency concerned.

(4) A DNA profile entered in the DNA Database System under subsection (1)

(a) may be removed from that System following a comparison of it with other DNA profiles in that System under section 68 , or

(b) may be retained in that System for the purpose of conducting such number of comparisons of it with other DNA profiles in that System under that section, and at such frequency, as may be specified by or agreed with the law enforcement agency that supplied the DNA profile to the Commissioner.

(5) A DNA profile entered in the DNA Database System under subsection (1) shall be removed from that System in accordance with any condition to do so specified by the law enforcement agency that supplied the DNA profile to the Commissioner.