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s 9

Samples for DNA profile of person to be provided to person on request

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Part 1Preliminary

9 Samples for DNA profile of person to be provided to person on request

(1)

In this section —

sample means a sample of bodily material taken from a person under this Act for the purpose of obtaining —

(a)

the DNA profile of the person; or

(b)

any identifying particular prescribed for the purposes of this definition.

(2)

This section applies to a sample if —

(a)

there is enough of the sample to be analysed for the purposes of this Act and also by or on behalf of the person from whom the sample was taken; and

(b)

the person requests a part of the sample.

(3)

The officer responsible for a sample being taken must ensure that —

(a)

a part of the sample that is enough for analysis is made available, without charge, to the person from whom it was taken; and

(b)

reasonable care is taken to ensure that the person’s part of the sample is protected and preserved until the person is given it; and

(c)

reasonable assistance is given to the person to ensure that the sample is protected and preserved until it is analysed.

(4)

A person from whom a sample is taken must be informed that, subject to the matter referred to in subsection (2)(a), a part of the sample will be made available to him or her if requested.

[Section 9 amended: No. 22 of 2013 s. 8.]

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