Crimes Legislation Amendment (Powers and Offences) Act 2012 (24 of 2012)

Schedule 1   Forensic procedures

Part 1   Amendments commencing on day after Royal Assent

Crimes Act 1914

41   After section 23XWN

Insert:

23XWNA Circumstances in which judge or magistrate may order forensic procedure

A judge or magistrate may, under section 23XWO, order the carrying out of a forensic procedure on an offender if:

(a) the offender is not in custody and has not consented to the forensic procedure (whether or not consent has been sought); or

(b) the offender is in custody and has not consented to the forensic procedure (whether or not consent has been sought); or

(c) under section 23WE, the offender cannot consent to the forensic procedure.