CRIMES ACT 1914 SECT 23WW

(1)

If the suspect is not in custody, the magistrate may, on the application of a constable:

(a)

issue a summons for the appearance of the suspect at the hearing of the application; or

(b)

issue a warrant for the arrest of the suspect for the purpose of bringing the suspect before the magistrate for the hearing of the application.

(2)

An application for a summons under subsection (1) must be:

(a)

made by information on oath; and

(b)

accompanied by an affidavit dealing with matters referred to in paragraphs (3)(a) and (b).

(3)

The magistrate may issue a summons only if satisfied:

(a)

that the issue of the summons is necessary to ensure the appearance of the suspect at the hearing of the application; or

(b)

that the issue of the summons is otherwise justified.

(4)

An application for a warrant under subsection (1) must be:

(a)

made by information on oath; and

(b)

accompanied by an affidavit dealing with matters referred to in paragraphs (5)(a), (b) and (c).

(5)

The magistrate may issue a warrant only if satisfied:

(a)

that the arrest is necessary to ensure the appearance of the suspect at the hearing of the application, and that the issue of a summons would not ensure that appearance; or

(b)

that the suspect might destroy evidence that might be obtained by carrying out the forensic procedure; or

(c)

that the issue of the warrant is otherwise justified.