sec.490BModified powers and destruction requirements for review of particular DNA samples

### sec.490B Modified powers and destruction requirements for review of particular DNA samples This section applies in relation to a DNA sample and the results of a DNA analysis of the sample if— the sample was taken from a person suspected of having committed an indictable offence (the relevant offence ); and the sample was taken during the period— starting at the beginning of the day on 1 January 2007; and ending at the end of the day on 12 June 2022; and immediately before the review period started, the DNA sample and results— were required to be destroyed under section 490 ; but had not been destroyed as required. The DNA sample and results— are not required to be destroyed other than under this section; and may be dealt with under this chapter as if they were not required to be destroyed other than under this section. The DNA sample and results must be destroyed within a reasonably practicable time after— if a circumstance mentioned in section 490 (1) (a) , (b) or (c) occurs in relation to the relevant offence after the review period starts—the end of 1 year from the day mentioned in the paragraph for the circumstance; or if a proceeding for the relevant offence is not started before the end of the review period—the day the review period ends. However, subsection (3) does not apply if, after the review period starts, an excluding circumstance occurs in relation to the DNA sample. The results may be destroyed in the way mentioned in section 490 (5) . A reference in this Act or another Act to section 490 includes a reference to this section, if the context permits. In this section— excluding circumstance , in relation to the DNA sample, means a circumstance mentioned in section 490 (2) , (3) or (4) that would have disapplied section 490 (1) if that section had applied in relation to the sample. review period means the period— starting at the beginning of the day on 4 December 2023; and ending at the end of the day on 4 December 2030. This section commenced on 4 December 2023. s 490B ins 2023 No. 34 s 4C amd 2025 No. 7 s 50 (sec.490B-ssec.1) This section applies in relation to a DNA sample and the results of a DNA analysis of the sample if— the sample was taken from a person suspected of having committed an indictable offence (the relevant offence ); and the sample was taken during the period— starting at the beginning of the day on 1 January 2007; and ending at the end of the day on 12 June 2022; and immediately before the review period started, the DNA sample and results— were required to be destroyed under section 490 ; but had not been destroyed as required. (sec.490B-ssec.2) The DNA sample and results— are not required to be destroyed other than under this section; and may be dealt with under this chapter as if they were not required to be destroyed other than under this section. (sec.490B-ssec.3) The DNA sample and results must be destroyed within a reasonably practicable time after— if a circumstance mentioned in section 490 (1) (a) , (b) or (c) occurs in relation to the relevant offence after the review period starts—the end of 1 year from the day mentioned in the paragraph for the circumstance; or if a proceeding for the relevant offence is not started before the end of the review period—the day the review period ends. (sec.490B-ssec.4) However, subsection (3) does not apply if, after the review period starts, an excluding circumstance occurs in relation to the DNA sample. (sec.490B-ssec.5) The results may be destroyed in the way mentioned in section 490 (5) . (sec.490B-ssec.6) A reference in this Act or another Act to section 490 includes a reference to this section, if the context permits. (sec.490B-ssec.7) In this section— excluding circumstance , in relation to the DNA sample, means a circumstance mentioned in section 490 (2) , (3) or (4) that would have disapplied section 490 (1) if that section had applied in relation to the sample. review period means the period— starting at the beginning of the day on 4 December 2023; and ending at the end of the day on 4 December 2030. - (a) the sample was taken from a person suspected of having committed an indictable offence (the relevant offence ); and - (b) the sample was taken during the period— (i) starting at the beginning of the day on 1 January 2007; and (ii) ending at the end of the day on 12 June 2022; and - (i) starting at the beginning of the day on 1 January 2007; and - (ii) ending at the end of the day on 12 June 2022; and - (c) immediately before the review period started, the DNA sample and results— (i) were required to be destroyed under section 490 ; but (ii) had not been destroyed as required. - (i) were required to be destroyed under section 490 ; but - (ii) had not been destroyed as required. - (i) starting at the beginning of the day on 1 January 2007; and - (ii) ending at the end of the day on 12 June 2022; and - (i) were required to be destroyed under section 490 ; but - (ii) had not been destroyed as required. - (a) are not required to be destroyed other than under this section; and - (b) may be dealt with under this chapter as if they were not required to be destroyed other than under this section. - (a) if a circumstance mentioned in section 490 (1) (a) , (b) or (c) occurs in relation to the relevant offence after the review period starts—the end of 1 year from the day mentioned in the paragraph for the circumstance; or - (b) if a proceeding for the relevant offence is not started before the end of the review period—the day the review period ends. - (a) starting at the beginning of the day on 4 December 2023; and - (b) ending at the end of the day on 4 December 2030.