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:
In determining whether to make an order under section 23XWK , the constable is to take into account:
(a) whether this part would authorise the forensic procedure to be carried out in the absence of the order; and
(b) the seriousness of the circumstances surrounding the offence committed by the offender; and
(c) (Repealed by No 24 for 2012)
(d) whether the carrying out of the forensic procedure without consent is justified in all the circumstances.