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

82.

Removal in exceptional circumstances of certain DNA profiles in reference index of DNA Database System from that System

82. (1) Notwithstanding sections 80 and 81 , if the Commissioner is satisfied that exceptional circumstances exist that justify the removal from the DNA Database System of a DNA profile that was generated from a sample taken from a person under section 11 , 12 or 13and entered in the reference index of that System, the DNA profile concerned shall be so removed as soon as practicable after the application of those circumstances in relation to that DNA profile becomes known.

(2) The exceptional circumstances referred to in subsection (1) are the following:

(a) it is established, at any time after the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken (from which his or her DNA profile was generated), that no such offence was committed;

(b) it is established that the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken (from which his or her DNA profile was generated) was on the basis of the mistaken identity of the person concerned as the perpetrator of that relevant offence; or

(c) it is determined by a court that the detention of the person concerned under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence during which the sample concerned was taken (from which his or her DNA profile was generated) was unlawful.