Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If forensic material has been taken from a suspect by a forensic procedure carried out under part 2.3 (Forensic procedures by consent of suspect), part 2.4 (Non-intimate forensic procedures on suspect by order of police officer) or part 2.5 (Forensic procedures on suspect by order of magistrate), the suspect may apply to a court for an order that the forensic material be destroyed.
(2) However, the suspect may not make an application under this section—
(a) if a proceeding against the suspect for an offence to which the forensic material relates has begun and not been finally decided (including any appeal); or
(b) if—
(i) the suspect is convicted of an offence to which the forensic material relates; and
(ii) the suspect—
(A) does not appeal against the conviction in the appeal period; or
(B) appeals against the conviction and the appeal is unsuccessful.
(3) An application under this section may only be made 1 year or later after—
(a) the day the forensic material was taken; or
(b) if an application for destruction of the forensic material has previously been refused under this section—the day an application was last refused.
(4) On application, the court must order that the forensic material be destroyed unless satisfied that—
(a) there are reasonable grounds to believe that the forensic material is likely to be of probative value in relation to the investigation of, or a proceeding for, an offence (including the offence in relation to which the forensic material was taken from the suspect but, for that offence, not in relation to the suspect); and
(b) the destruction of the forensic material is not justified in all the circumstances.
(5) The court may order when the forensic material must be destroyed.
(6) If the court orders that forensic material be destroyed, the court must ensure that the responsible person for the ACT DNA database is told about the order.