CRIMES ACT 1914
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division 6 .
If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division 7 ).
However, certain rules are modified or do not apply if the forensic procedure is carried out in response to a request by a foreign country or an international tribunal, or a request by a foreign law enforcement agency (Division 9A ).
This Part also:
An authorised applicant (but no other person) may apply to a magistrate for an order under section 23WS authorising him or her to arrange the carrying out of a forensic procedure on a suspect. (2)
An application for an order must:
(a) be made in writing; and
(b) be supported by evidence on oath or by affidavit dealing with the matters referred to in paragraphs 23WT(1)(a) , (b), (c), (ca) and (d); and
(c) specify the type of forensic procedure sought to be carried out; and
(d) be made in the presence of the suspect (subject to any contrary order made by the magistrate).