Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23xwo
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23XWO
Character Range: 1194058–1196254

23XWO  Judge or magistrate order for carrying out forensic procedure on offender
 (1) An authorised applicant may apply to any judge or magistrate for an order for the carrying out of an intimate forensic procedure, or a non‑intimate forensic procedure, to which this Division applies on a serious offender (other than a child or an incapable person).
 (2) An authorised applicant may apply to any judge or magistrate for an order for the carrying out of a non‑intimate forensic procedure to which this Division applies on a child or an incapable person who is a serious offender.
 (3) An application under subsection (1) or (2) must be accompanied by an affidavit by the authorised applicant dealing with the matters referred to in subsection (7).
 (4) An authorised applicant may apply to any judge or magistrate for an order for the taking of the fingerprints under this Division of a child or an incapable person who is a prescribed offender.
 (5) An authorised applicant may make an application under this section to the judge or magistrate that is sentencing an offender or to any other judge or magistrate at a later time.
 (6) A judge or magistrate may order the carrying out of a forensic procedure under this Division if satisfied that the carrying out of the forensic procedure is justified in all the circumstances.
 (7) In determining whether to make an order under this section, a judge or magistrate is to take into account:
 (a) whether this Part would authorise the forensic procedure to be carried out in the absence of the order; and
 (b) the seriousness of the circumstances surrounding the commission of the offence by the offender; and
 (d) whether the carrying out of the forensic procedure is justified in all the circumstances.
 (8) An order under this section takes effect immediately. However, the person who conducts any analysis of forensic material obtained as a result of carrying out the forensic procedure on an offender must not disclose the results of the analysis:
 (a) until the expiration of any appeal period or after the final determination of any appeal in relation to the offence concerned, whichever is the later; or
 (b) if the conviction is quashed.