South Australian Numbered Acts South Australian Numbered Acts46—Removal of information from DNA database system
(1) The Commissioner
of Police must ensure that—
(a) a
DNA profile derived from forensic material obtained under this Act is not
retained on the DNA database system beyond the time the destruction of the
material is required under this Act; and
(b) a
DNA profile derived from forensic material obtained under a corresponding law
is not retained on the DNA database system beyond the time the destruction of
the material is required under the corresponding law.
Note—
This means, for example, that where an order is made authorising the retention
of forensic material for a specified period, a DNA profile derived from the
material can remain on the database for that specified period (but will have
to be removed when the material is required to be destroyed).
(2) A DNA profile
derived from biological material of a missing person that has been stored on
the missing persons index of the DNA database system must, if the missing
person is found and requests, in writing, removal of the DNA profile, be
removed from that index as soon as practicable after the request.
(3) A person who
intentionally or recklessly causes information to be retained on the database
system in contravention of this section is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4) For the purposes
of this section, a DNA profile derived from forensic material or biological
material obtained from a person will be taken to have been removed from the
DNA database system, or from an index of the DNA database system, if the
database or index is altered so that it is no longer possible to identify the
person from whom the material was obtained.