Document ID: chunk:federal_register_of_legislation:C2012A00007:clause:3_78
Version: federal_register_of_legislation:C2012A00007
Segment Type: clause
Provision Reference: sch 3 cl 78
Character Range: 94569–95238

78  Subsection 23WI(2)
Repeal the subsection, substitute:
 (2) In determining whether a request is justified in all the circumstances, the constable must:
 (a) if the forensic procedure has been requested by a foreign law enforcement agency—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.