Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23wa:p4
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23WA (pt 4/7)
Character Range: 1087276–1089866

other than the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;
 (e) the taking of a sample by vacuum suction, by scraping or by lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;
 (f) the taking of a hand print, finger print, foot print or toe print;
 (g) the taking of a photograph or video recording of, or an impression or cast of a wound from, a part of the body other than the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts.
offence does not include an offence against a law of a Territory other than the Australian Capital Territory.
Note: Subsection 3(1) provides that Territory does not include the Northern Territory.
offender means:
 (a) a serious offender; or
 (b) a prescribed offender.
order means:
 (a) in relation to a suspect—an order of a magistrate under section 23WS or interim order of a magistrate under section 23XA; or
 (b) in relation to an offender—an order of a judge or magistrate under section 23XWO; or
 (c) in relation to a volunteer—an order of a magistrate under section 23XWU.
participating jurisdiction is defined in section 23YUA.
police station includes:
 (a) a police station of a State or Territory; and
 (b) a building occupied by the Australian Federal Police.
prescribed 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 2 or more years.
prescribed offender means a person who is under sentence for a prescribed offence.
Note: For the meaning of under sentence, see subsection (8).
prison medical officer means, in relation to a prison or other place of detention, a person appointed or acting as medical officer for the prison or other place of detention.
recognised transgender person means a person the record of whose sex is altered under Part 5A of the Births, Deaths and Marriages Registration Act 1995 of New South Wales, or under the corresponding provisions of a law of another Australian jurisdiction.
relevant offence means:
 (a) in relation to a person who is a suspect:
 (i) the indictable 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