Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23xgc
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23XGC
Character Range: 1147957–1148855

23XGC  Arrest of suspect not in custody
 (1) If the suspect is not in custody, the magistrate may, on the application of a constable, issue a warrant for the arrest of the suspect for the purpose of carrying out the forensic procedure.
 (2) An application for a warrant must be:
 (a) made by information on oath; and
 (b) accompanied by an affidavit dealing with matters referred to in paragraphs (3)(a) and (b).
 (3) The magistrate may issue a warrant only if satisfied:
 (a) that the arrest is necessary to ensure that the forensic procedure can be carried out; or
 (b) that the issue of the warrant is otherwise justified.
 (4) A magistrate must not issue a warrant for the arrest of a suspect for the purpose of carrying out a forensic procedure if a warrant has previously been issued (by any magistrate) for the arrest of the suspect for the purpose of carrying out that forensic procedure.