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

82   At the end of section 23WJ

Add:

Failure to consent to forensic procedure - procedure requested by foreign law enforcement agency

(6) If the suspect is being asked to undergo a forensic procedure because of a request by a foreign law enforcement agency, the constable must inform the suspect (whether or not the suspect is in custody) that, if the suspect does not consent:

(a) the foreign country may request that the forensic procedure be carried out; and

(b) the Attorney-General may authorise, under the Mutual Assistance in Criminal Matters Act 1987, a constable to apply to a magistrate for an order for the carrying out of the forensic procedure.

Note: Under the Mutual Assistance in Criminal Matters Act 1987, the Attorney-General may only authorise a constable who is an authorised applicant.