43AChange of circumstances before databank compulsion notice hearing takes place or is completed

1. Subsection (2) applies if,—

2. in the case of a person who was not detained under a sentence of imprisonment in relation to the offence for which a databank compulsion notice was issued at the time the databank compulsion notice was served,—
   1. that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2); and
   2. before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, a date is reached that is 6 months or more since the person’s conviction for the offence in relation to which the databank compulsion notice was issued was entered:
3. in the case of a person who was detained under a sentence of imprisonment for the offence in relation to which a databank compulsion notice was issued at the time a databank compulsion notice was served,—
   1. that person makes a request for a databank compulsion notice hearing on any of the grounds set out in section 41(2); and
   2. before an application is made for a databank compulsion notice hearing, after an application is made but before the matter is considered by a Judge, or before consideration of the matter is complete, the later of the 2 following dates is reached:
      1. the date of the person’s release from detention under a sentence of imprisonment for the offence in relation to which the databank compulsion notice was issued; or
      2. the date that is 6 months from the date on which the conviction for the offence in relation to which the databank compulsion notice was issued was entered.

4. If this subsection applies,—

5. a databank compulsion notice hearing must take place and be completed as if the applicable date referred to in subsection (1)(a)(ii) or (b)(ii) had not been reached; and
6. a Judge—
   1. must make an appropriate order under section 42; and
   2. may, if applicable, vary, or include any condition in, the databank compulsion notice under section 42 or section 43.

7. Despite anything in this Part, if subsection (2) applies, a Judge may vary the date in a databank compulsion notice on which a person to whom the notice relates is to attend to give a bodily sample to a date that is not in accordance with the applicable date set out in section 39C(3)(b) or (4)(b).

8. This section is subject to section 43B.