Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23XWQ

  (1)   In this Part:

"volunteer" means a person:

  (a)   who volunteers to a constable to undergo a forensic procedure; or

  (b)   in the case of a child or incapable person--whose parent or guardian volunteers on the child or incapable person's behalf to a constable that the child or incapable person undergo a forensic procedure.

  (2)   A person (the authorised person ) is authorised to carry out a forensic procedure:

  (a)   on a volunteer other than a child or an incapable person--with the informed consent of the volunteer given in accordance with section   23XWR; or

  (b)   on a volunteer who is a child or an incapable person:

  (i)   with the informed consent of the parent or guardian of the volunteer given in accordance with section   23XWR or by order of a magistrate under section   23XWU; and

  (ia)   in a case where the informed consent of the parent or guardian of the volunteer is given in accordance with section   23XWR--after the constable concerned has informed the child or incapable person that, even though consent has been given, if he or she objects to or resists the carrying out of the forensic procedure it will not be carried out; and

  (ii)   after the authorised person has informed the child or incapable person that, even though consent has been given or an order made, if he or she objects to or resists the carrying out of the forensic procedure it will not be carried out.

  (3)   This section only authorises a person to carry out a forensic procedure if the procedure is necessary, or incidental to, the carrying out of an AFP function.

  (4)   This section does not authorise a person to carry out a forensic procedure on a child or an incapable person who objects to or resists the carrying out of the forensic procedure.

  (5)   Division   6 applies to the carrying out of a forensic procedure under this Division as if the references to a suspect in that Division were references to a volunteer referred to in this section. A person is authorised by this section to carry out a forensic procedure on a volunteer in accordance with Division   6 as so applied and not otherwise.