Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23wj:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23WJ (pt 2/3)
Character Range: 1117266–1120058

the international tribunal;
 (iv) that the retention of the forensic evidence will be governed by the rules of the international tribunal;
 (v) that the retention of the forensic evidence will be subject to undertakings given by the agency;
 (vi) the content of those undertakings;
 (j) the consequences of not consenting, as specified in subsection (3), (4) or (5) (whichever is applicable);
 (k) that information obtained from analysis of forensic material obtained may be placed on the Commonwealth DNA database system and the rules that will apply to its disclosure and use under this Part.

Suspect's right to have medical practitioner or dentist present during intimate forensic procedures
 (2) The constable must inform the suspect that the suspect may ask that a medical practitioner or dentist (depending on the kind of forensic procedure) of his or her choice be present while the forensic procedure is carried out (unless the forensic procedure is a non‑intimate forensic procedure).

Failure to consent to non‑intimate forensic procedure—suspect in custody
 (3) If the suspect is in custody and the forensic procedure is a non‑intimate forensic procedure, the constable must inform the suspect that, if the suspect does not consent:
 (a) a senior police officer may order the carrying out of the forensic procedure under Division 4 if he or she is satisfied of the matters referred to in subsection 23WO(1); or
 (b) an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure.

Failure to consent to intimate forensic procedure—suspect in custody
 (4) If the suspect is in custody and the forensic procedure is an intimate forensic procedure, the constable must inform the suspect that, if the suspect does not consent, an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure.

Exception—requests by foreign law enforcement agency
 (4A) Subsections (3) and (4) do not apply if the suspect is being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency.

Failure to consent to forensic procedure—suspect not in custody
 (5) If the suspect is not in custody and is not being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency, the constable must inform the suspect that, if the suspect does not consent, an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure.

Failure to consent to forensic procedure—procedure requested by foreign law enforcement agency
 (6) The constable must inform the suspect (whether or not the suspect is in custody) that if:
 (a) the suspect is being asked to undergo a forensic procedure because of a request