Document ID: chunk:federal_register_of_legislation:C2021C00313:section:76a
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 76A
Character Range: 99583–101379

76A  Authorising application for carrying out of forensic procedures
 (1) The Attorney‑General may authorise, in writing, a constable to apply under Part ID of the Crimes Act 1914 for an order for the carrying out of a forensic procedure on a person if:
 (a) the ICC has requested the procedure to be carried out on the person; and
 (b) the Attorney‑General is satisfied:
 (i) that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and
 (ii) that the person is, or is believed to be, in Australia; and
 (iii) that the ICC has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and
 (iv) that the ICC has given any other undertakings that the Attorney‑General considers necessary; and
 (v) unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and
 (vi) if subsection (2) applies—of the matters in that subsection; and
 (c) in the case of the person being a suspect, the constable is an authorised applicant.
 (2) If the person is a child or an incapable person, the matters are:
 (a) that either:
 (i) the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or
 (ii) a parent or guardian of the person is a suspect in relation to a crime or an offence to which the investigation or proceeding relates; and
 (b) that, having regard to the best interests of the person, it is appropriate to make the authorisation.
 (3) In this section:
authorised applicant has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.
suspect has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.