New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 89

89 Destruction of forensic material where related evidence is inadmissible

(1) If a court finds that evidence described in section 82 relating to a forensic procedure is inadmissible under that section, the Commissioner of Police must, as soon as practicable after the end of the proceedings before the court (including any re-trial and any period during which an appeal may be made), ensure that the forensic material taken from the suspect by that forensic procedure is destroyed.

(2) This section does not require the destruction of a DNA profile derived from forensic material.

Note : The Commissioner of Police may delegate this function. See section 31 of the Police Act 1990 . Section 3 (5) explains the meaning of
"destroy" .