Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23wa:p5
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23WA (pt 5/7)
Character Range: 1089637–1092372

offence in relation to which the person is a suspect; or
 (ii) any other indictable offence arising out of the same circumstances; or
 (iii) any other indictable offence in respect of which the evidence likely to be obtained as a result of a proposed forensic procedure carried out on the suspect is likely to have probative value; or
 (b) in relation to an offender—the offence for which the offender was convicted and to which an application for an order authorising a forensic procedure relates.
request, by a foreign country, international tribunal or foreign law enforcement agency, means:
 (a) in the case of a foreign country—a request, referred to in section 28B of the Mutual Assistance in Criminal Matters Act 1987, by the country; or
 (b) in the case of an international tribunal:
 (i) a request referred to in section 76A of the International Criminal Court Act 2002, if the tribunal is the ICC; or
 (ii) a request referred to in section 32B of the International War Crimes Tribunals Act 1995, if the tribunal is a War Crimes Tribunal; or
 (c) in the case of a foreign law enforcement agency—a request, to which Subdivision B of Division 9A applies, by the agency.
responsible person, in relation to the Commonwealth DNA database system, means the person responsible for the care, control and management of the system.
sample has a meaning affected by subsection (3).
senior police officer means a constable of the rank of sergeant or higher.
serious offence means an offence under a law of the Commonwealth, or a State offence that has a federal aspect, punishable by a maximum penalty of imprisonment for life or 5 or more years.
serious offender means a person who is under sentence for a serious offence.
Note: For the meaning of under sentence, see subsection (8).
suspect, in relation to an indictable offence, means:
 (a) a person whom a constable suspects on reasonable grounds has committed the indictable offence; or
 (b) a person charged with the indictable offence; or
 (c) a person who has been summonsed to appear before a court in relation to the indictable offence; or
 (d) a person for whom a forensic procedure has been requested by a foreign country, international tribunal or a foreign law enforcement agency because that country, tribunal or agency has:
 (i) started investigating whether the person has committed an indictable offence; or
 (ii) started proceedings against the person for an indictable offence.
tape recording means audio recording, video recording or recording by other electronic means.
transgender person is defined in subsection (6).
volunteer is defined in section 23XWQ.
War Crimes Tribunal has the same meaning as Tribunal in the International War Crimes Tribunals Act 1995.
War