Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Act 2018 (34 of 2018)

Schedule 1   Assistance to international courts and tribunals

Part 7   Forensic procedures

International Criminal Court Act 2002

136   After Division 10 of Part 4

Insert:

Division 10A - Forensic procedures

76A Authorising application for carrying out of forensic procedures

(1) The Attorney-General may authorise, in writing, a constable to apply under Part ID of the Crimes Act 1914 for an order for the carrying out of a forensic procedure on a person if:

(a) the ICC has requested the procedure to be carried out on the person; and

(b) the Attorney-General is satisfied:

(i) that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and

(ii) that the person is, or is believed to be, in Australia; and

(iii) that the ICC has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and

(iv) that the ICC has given any other undertakings that the Attorney-General considers necessary; and

(v) unless subsection (2) applies - that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and

(vi) if subsection (2) applies - of the matters in that subsection; and

(c) in the case of the person being a suspect, the constable is an authorised applicant.

(2) If the person is a child or an incapable person, the matters are:

(a) that either:

(i) the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or

(ii) a parent or guardian of the person is a suspect in relation to a crime or an offence to which the investigation or proceeding relates; and

(b) that, having regard to the best interests of the person, it is appropriate to make the authorisation.

(3) In this section:

authorised applicant has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.

suspect has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.

76B Providing forensic evidence to the ICC

(1) The Attorney-General may direct a constable about how forensic evidence is to be provided to the ICC if:

(a) the Attorney-General gave an authorisation to the constable under subsection 76A(1); and

(b) the forensic evidence resulted from the authorisation.

(2) A direction under subsection (1) is not a legislative instrument.