Victorian Current Acts

CRIMES ACT 1958 - SECT 464SA

    (1)     In this section and section 464SB, "non-intimate compulsory procedure" means the taking of a non‑intimate sample or the conduct of a physical examination of a non-intimate part of the body.

    (2)     A senior police officer who is not involved in investigating the offence for which the compulsory procedure is required may authorise the conduct of a non-intimate compulsory procedure on a person if the senior police officer is satisfied that—

        (a)     the person is a relevant suspect who is—

              (i)     under lawful arrest by warrant; or

              (ii)     under lawful arrest under section 458 or  459 or a provision of any other Act; or

              (iii)     in the custody of an investigating official in accordance with an order of the Magistrates' Court under section 464B(5) and, at the time of the application for that order, the person was held in a prison or police gaol; and

S. 464SA(2)(b) amended by No. 72/2004 s. 29.

        (b)     the person is not under the age of 18 years; and

        (c)     the person is not incapable of giving informed consent by reason of mental impairment; and

        (d)     the person has refused to give consent to a request under section 464R(1) ; and

        (e)     there are reasonable grounds to believe that the person has committed the offence in respect of which the authorisation is sought; and

        (f)     the requirements of section 464T(3)(c), (d), (e) and (f) are met; and

        (g)     in all the circumstances, the giving of the authorisation is justified.

    (3)     A senior police officer must not give an authorisation for a compulsory procedure on a person if—

        (a)     an application to a court for an order under this Subdivision in respect of that person has been made in relation to the same matter and on the same grounds but has been refused; or

        (b)     a previous application for an authorisation under this section in respect of that person has been considered in relation to the same matter and on the same grounds but has not been given.

    (4)     An authorisation given in contravention of subsection (3) is void.

    (5)     Nothing in subsection (3) prevents a later application for an order under this Subdivision or an authorisation under this section on different or further grounds.

S. 464SA(6) amended by No. 37/2014 s. 10(Sch. item 36.26).

    (6)     An authorisation under this section may only be given to a police officer.

S. 464SB inserted by No. 41/2004 s. 12.