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

90.

Destruction of samples taken from persons under section 44 and removal of their DNA profiles from DNA Database System

90. (1) A sample taken from a prescribed person under section 44 shall be destroyed—

(a) as soon as a DNA profile has been generated from the sample, or

(b) before the expiration of the period of 6 months from the taking of the sample,

whichever occurs later.

(2) Subject to subsections (5) and (6), the DNA profile in respect of a person from whom a sample under section 44 shall be taken that is entered in the elimination (crime scene investigators) index or the elimination (prescribed persons) index of the DNA Database System shall not be removed from that System until the expiration of the period of 10 years after the person ceases to be a prescribed person, and that DNA profile shall be removed from that System as soon as practicable after that period.

(3) A prescribed person from whom a sample under section 44 may be taken and from whom such a sample was taken may, at any time and without specifying a reason, request in the prescribed manner the destruction of the sample if not already destroyed and the removal of his or her DNA profile from the DNA Database System.

(4) Subject to subsections (5)and (6), a sample taken under section 44 from a prescribed person referred to in subsection (3) shall be destroyed if not previously destroyed, and his or her DNA profile shall be removed from the DNA Database System, not more than 3 months after he or she makes the request under that subsection in the prescribed manner.

(5) If the Director of FSI is satisfied that there is good reason relating to the investigation of offences why a DNA profile entered in the elimination (crime scene investigators) index or the elimination (prescribed persons) index of the DNA Database System should not be removed from that System under subsection (2) or (4), the Director may, subject to subsection (6), direct that the DNA profile shall not be removed from that System.

(6) At the end of each year, the Director of FSI shall carry out a review to determine whether any of the DNA profiles in respect of persons referred to in subsection (5) shall be removed from the DNA Database System.

(7) The Director of FSI shall inform by notice in writing a prescribed person from whom a sample was taken under section 44

(a) if a direction is given by the Director under subsection (5) in relation to the DNA profile in respect of the person, and

(b) if appropriate, of a determination under subsection (6) in relation to the DNA profile in respect of the person.