43AAccess to prison for taking DNA profile sample

43A Access to prison for taking DNA profile sample

(1) With the permission of the Secretary or the Governor, a police officer accompanied by a registered medical practitioner or a nurse may enter and remain in a prison for the purpose of taking a DNA profile sample from a prisoner who is the subject of a DNA authority.

(2) The Secretary or the Governor must not give a police officer, a registered medical practitioner or a nurse permission under this section unless satisfied a lawful authority exists for the taking of a DNA profile sample from the prisoner.

(3) The Governor may give a police officer and any registered medical practitioner or nurse who accompanies the police officer a direction—

(a) that is necessary for the management or good order or security of the prison; or

(b) to leave the prison.

DNA authority means—

(a) a direction given under section 464ZFAB of the Crimes Act 1958;

(b) an authorisation given under section 464ZFAC of the Crimes Act 1958;

DNA profile sample has the same meaning as it has in section 464(2) of the Crimes Act 1958.

Division 3—Search and seizure