CRIMES ACT 1914 SECT 23XUA

(1)

This section applies to a sample taken from a suspect under this Part if:

(a)

there is not sufficient material to be analysed both in the investigation of the offence and on behalf of the suspect; and

(b)

the material does not need to be analysed immediately after the sample is taken.

(2)

The suspect is entitled to request that a person of his or her choice be present while the material is analysed in the investigation of the offence.

Note: Section 23YE provides that the request may be made by the suspect's legal representative or interview friend.

(3)

The person chosen is to be present at the analysis of the material unless he or she:

(a)

is unable, or does not wish, to attend; or

(b)

cannot be contacted;

within a reasonable time or, if relevant, within the time in which the person responsible for analysing the material considers the analysis should be carried out if it is to provide valid results.