Defence Forces (Evidence) Act 2022
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Taking of samples from Military Police personnel for elimination (Military Police) index | ||
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19. (1) A sample taken under this section from a person shall be used to generate a DNA profile in respect of the person to be entered in the elimination (Military Police) index of the DNA (Military Police) Database System for the purpose, in relation to the investigation of offences against military law, of ascertaining whether that person has contaminated a crime scene sample. | ||
(2) A sample shall be taken under this section from a member of the Military Police who is appointed as such a member or transferred to the Military Police Corps after the commencement of this section. | ||
(3) A sample may be taken under this section from a member of the Military Police, who is such a member upon the commencement of this section, only if he or she consents in writing to having such a sample taken from him or her. | ||
(4) A member of the Military Police shall inform a person to whom this section applies of the following before taking, or causing to be taken, a sample under this section from him or her: | ||
(a) that the sample is to be taken from him or her under this section; | ||
(b) in a case in which a sample already taken under this section from the person has proved to be insufficient or was inadequately labelled or for any other reason mentioned in section 21 a second or further sample under this section is required to be taken from him or her— | ||
(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and | ||
(ii) that a second or further sample under this section is, in accordance with section 21 , to be taken from him or her; | ||
(c) that the sample will be used to generate a DNA profile in respect of the person to be entered in the elimination (Military Police) index of the DNA (Military Police) Database System and the effect of such an entry; | ||
(d) that the sample may be destroyed, and the DNA profile in respect of the person entered in the elimination (Military Police) index of the DNA (Military Police) Database System may be removed from that System, in accordance with Part 7. | ||
(5) Subject to this Act, a member of the Military Police may take, or cause to be taken, a sample under this section from a person to whom this section applies. |