(C) on an object or person reasonably believed to have been associated with the commission of the offence; or (ii) if the offence is an offence against a S. 464ZGF(1) (a)(ii) provision of Subdivision (8A), (8B) amended by or (8C) of Division 1 of Part I, and a No. 37/2014 s. 10(Sch. police officer reasonably believes that a item 36.37). child has been conceived as a result of the commission of the offence and a sample has been taken from that child; and S. 464ZGF (b) a police officer reasonably believes that (1)(b) information obtained from the analysis of the amended by sample voluntarily given by the person, and No. 37/2014 s. 10(Sch. from any related material and information, item 36.37). has probative value in relation to the indictable offence being investigated; and (c) the person who voluntarily gave that sample has withdrawn his or her consent to the retention of that sample; and (d) the information obtained from the analysis of the voluntary sample, and from any related material and information, has not been destroyed in accordance with section 464ZGE(2)(a) and (3)(a). (2) A court hearing an application under subsection (1) must— (a) be satisfied on the balance of probabilities that there are reasonable grounds to believe that the person has committed the offence in respect of which the application is made; and (b) be satisfied that, in all the circumstances, the making of the order is justified.
(C) on an object or person reasonably believed to have been associated with the commission of the offence; or S. 464ZGF(1) (a)(ii) amended by No. 37/2014 s. 10(Sch. item 36.37). (ii) if the offence is an offence against a provision of Subdivision (8A), (8B) or (8C) of Division 1 of Part I, and a police officer reasonably believes that a child has been conceived as a result of the commission of the offence and a sample has been taken from that child; and S. 464ZGF (1)(b) amended by No. 37/2014 s. 10(Sch. item 36.37). (b) a police officer reasonably believes that information obtained from the analysis of the sample voluntarily given by the person, and from any related material and information, has probative value in relation to the indictable offence being investigated; and (c) the person who voluntarily gave that sample has withdrawn his or her consent to the retention of that sample; and (d) the information obtained from the analysis of the voluntary sample, and from any related material and information, has not been destroyed in accordance with section 464ZGE(2)(a) and (3)(a). (2) A court hearing an application under subsection (1) must— (a) be satisfied on the balance of probabilities that there are reasonable grounds to believe that the person has committed the offence in respect of which the application is made; and (b) be satisfied that, in all the circumstances, the making of the order is justified.
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