Document ID: chunk:federal_register_of_legislation:C2012A00007:clause:3_90
Version: federal_register_of_legislation:C2012A00007
Segment Type: clause
Provision Reference: sch 3 cl 90
Character Range: 98654–99414

90  Subsection 23WT(2)
Repeal the subsection, substitute:
 (2) In determining whether the carrying out of the forensic procedure is justified in all the circumstances, the magistrate must:
 (a) if the forensic procedure has been requested by a foreign country (as contemplated by the Mutual Assistance in Criminal Matters Act 1987)—balance the public interest in Australia providing and receiving international assistance in criminal matters against the public interest in upholding the physical integrity of the suspect; and
 (b) in any other case—balance the public interest in obtaining evidence tending to confirm or disprove that the suspect committed the offence concerned against the public interest in upholding the physical integrity of the suspect.