Western Australian Numbered Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 (NO. 6 OF 2002) - SECT 9

9 .         Samples of material to be provided on request

        (1)         In this section —

        "sample" means a sample of material from which to obtain the DNA profile of a person that is taken from the person under this Act.

        (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;

            (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.