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 War Crimes Tribunals Act 1995

138   Before Division 2 of Part 4

Insert:

Division 1B - Forensic procedures

32B 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) a Tribunal has requested the procedure to be carried out on the person; and

(b) the Attorney-General is satisfied:

(i) that the request relates to a proceeding before, or an investigation conducted by, the Tribunal; and

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

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(i) the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or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

32C Providing forensic evidence to the Tribunal

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

(a) the Attorney-General gave an authorisation to the constable under subsection 32B(1); and

(b) the forensic evidence resulted from the authorisation.

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