Document ID: chunk:federal_register_of_legislation:C2004A00804:clause:1_3zqb
Version: federal_register_of_legislation:C2004A00804
Segment Type: clause
Provision Reference: sch 1 cl 3ZQB
Character Range: 3416–5199

3ZQB  Circumstances where investigating official may seek authority to carry out a prescribed procedure

 (1) If:
 (a) an investigating official suspects, on reasonable grounds, that a person may have committed a Commonwealth offence; and
 (b) it is necessary to determine whether or not the person is, or was, at the time of the alleged commission of the offence, under 18 because that question is relevant to the rules governing the person's detention, the investigation of the offence or the institution of criminal proceedings;
the investigating official may, whether or not the person is in custody at the time, arrange for the carrying out of a prescribed procedure in respect of the person only if:
 (c) the investigating official obtains, in accordance with section 3ZQC, the requisite consents to the carrying out of the procedure in respect of the person; or
 (d) a magistrate orders, on application by the investigating official, the carrying out of the procedure in respect of the person.

 (2) An application to a magistrate by an investigating official for the purposes of paragraph (1)(d) may be made:
 (a) in person; or
 (b) by telephone, telex, fax or other electronic means.

 (3) In deciding whether to make such an order on application by an investigating official, the magistrate must be satisfied that:
 (a) there are reasonable grounds for the suspicion that the person has committed a Commonwealth offence; and
 (b) there is uncertainty as to whether or not the person is, or was, at the time of the alleged commission of the offence, under 18; and
 (c) the uncertainty will need to be resolved in order to determine the application of the rules governing the person's detention, the investigation of the offence or the institution of criminal proceedings.