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:
If a magistrate makes an order for the carrying out of a forensic procedure, the magistrate must:
(a) give reasons for making the order; and
(b) ensure that a written record of the order is kept; and
(c) order the suspect to attend for the carrying out of the forensic procedure; and
(d) inform the suspect that reasonable force may be used to ensure that he or she complies with the order for the carrying out of the forensic procedure. (2)
The magistrate may give directions as to the time, place and manner in which the procedure is to be carried out.