Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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Receipt of DNA profiles from law enforcement agency in place other than designated state | ||
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144. (1) Subject to subsections (2) and (3), the Commissioner may receive a DNA profile of a person from a law enforcement agency in a place other than a designated state (including the International Criminal Police Organisation (Interpol))— | ||
(a) for the purposes of the investigation of criminal offences in that place, or | ||
(b) for the purpose of— | ||
(i) finding or identifying a missing person, | ||
(ii) identifying a seriously ill, or severely injured, person who is unable by reason of the illness or injury to identify himself or herself, or | ||
(iii) identifying the body of 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 crime scene index, the reference index or, as may be appropriate, 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. | ||
(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) If the matching DNA profile referred to in subsection (2) is in respect of a missing person, a seriously ill, or severely injured, person or a deceased person, the Commissioner may provide particulars of the identity of the person 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. |