Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2012 (7 of 2012)

Schedule 3   Amendments relating to providing mutual assistance in criminal matters

Part 4   Carrying out forensic procedures at the request of a foreign country etc.

Crimes Act 1914

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.