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CRIMES ACT 1914 SECT 23XWQ
23XWQ Carrying out of forensic procedures on volunteers
- (1)
- In this Part:
volunteer means a person:
- (a)
- who volunteers to a constable to undergo a forensic
procedure; or
- (b)
- in the case of a child or incapable person—whose
parent or guardian volunteers on the child or
incapable person's behalf to a constable that the
child or incapable person undergo a forensic
procedure.
- (2)
- A person is authorised to carry out a forensic
procedure:
- (a)
- on a volunteer other than a child or an incapable
person—with the informed consent of the volunteer
given in accordance with section 23XWR;
or
- (b)
- on a volunteer who is a child or an incapable
person:
- (i)
- with the informed consent of the parent or
guardian of the volunteer given in accordance with section 23XWR
or by order of a magistrate under section 23XWU;
and
- (ii)
- after the person has informed the child or
incapable person that, even though consent has been
given or an order made, if he or she objects to or
resists the carrying out of the forensic procedure
it will not be carried out.
- (3)
- This section only authorises a person to carry out a
forensic procedure if the procedure is necessary, or
incidental to, the carrying out of an AFP function.
- (4)
- This section does not authorise a person to carry out a
forensic procedure on a child or an incapable person who
objects to or resists the carrying out of the forensic
procedure.
- (5)
- Division 6 applies to the carrying out of a
forensic procedure under this Division as if the
references to a suspect in that Division were references
to a volunteer referred to in this section. A person is
authorised by this section to carry out a forensic
procedure on a volunteer in accordance with Division 6
as so applied and not otherwise.
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