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Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30A) - Custody and investigation
S. 464ZGB(1) amended by Nos 72/2004 s. 32, 37/2014 s. 10(Sch. item 36.37).
(2)A sample may only be given under this section if the person volunteering to give it consents in accordance with this section and that consent is not withdrawn prior to the giving of the sample.
(3)A person consents in accordance with this section only if, in the presence of an independent person, he or she consents after a police officer has informed the person in language likely to be understood by the person—
S. 464ZGB(3) amended by No. 37/2014 s. 10(Sch. item 36.37).
(a)that any sample that is given will be analysed;
(b)that information obtained from the analysis will be placed on a DNA database and may be used for the purpose of a criminal investigation or any other purpose for which the DNA database may be used under this Subdivision or under a corresponding law of a participating jurisdiction;
(ba)that the person may choose whether the information obtained from analysis of the sample may be used—
(i)only for a limited purpose to be specified by the volunteer; or
(f)that the person may at any time (including after he or she has been charged with an offence) withdraw his or her consent to the retention of the sample;
(g)that where the person withdraws his or her consent to the retention of the sample, a police officer may nevertheless apply to a court for an order to retain the sample and any related material and information;