Document ID: chunk:federal_register_of_legislation:C2012A00007:clause:3_28b
Version: federal_register_of_legislation:C2012A00007
Segment Type: clause
Provision Reference: sch 3 cl 28B
Character Range: 109945–112038

28B  Requests by foreign countries for forensic procedures
 (1) If a foreign country requests that a forensic procedure be carried out on a person, the Attorney‑General may authorise a constable to apply, in accordance with Part ID of the Crimes Act 1914, to a magistrate for an order for the carrying out of the forensic procedure on the person, so long as, if the person is a suspect within the meaning of subsection 23WA(1) of that Act, the constable is an authorised applicant within the meaning of that subsection.
 (2) The Attorney‑General must not authorise a constable under subsection (1) unless the Attorney‑General is satisfied of the following matters:
 (a) a request has been made by a foreign country that a forensic procedure be carried out on a person;
 (b) unless the person is a child or an incapable person—the foreign country has:
 (i) started investigating whether the person has committed a foreign serious offence against its laws; or
 (ii) started proceedings against the person for a foreign serious offence;
 (c) the person is, or is believed to be, in Australia;
 (d) the foreign country has given:
 (i) appropriate undertakings in relation to the retention, use and destruction of forensic material, or of information obtained from analysis of that forensic material; and
 (ii) any other undertakings that the Attorney‑General considers necessary;
 (e) unless the person is a child or an incapable person—the person has been given an opportunity to consent to the forensic procedure and has not consented to it;
 (f) if the person is a child or an incapable person, the matters specified in subsection (3).
 (3) If the person is a child or an incapable person, the Attorney‑General must:
 (a) be satisfied that either of the following applies:
 (i) the consent of the parent or guardian cannot reasonably be obtained or has been withdrawn;
 (ii) the parent or guardian is a suspect in relation to the foreign serious offence; and
 (b) believe that, having regard to the best interests of the child or incapable person, it is appropriate to make the authorisation.