(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.]