Section 23WR — Crimes Act 1914: Circumstances in which magistrate may order forensic procedure

(1) A magistrate may, under section 23WS or 23XA, order the carrying out of a forensic procedure on a suspect if: (a) the suspect is not in custody and has not consented to the forensic procedure (whether or not consent has been sought); or (b) the suspect is in custody and has not consented to the forensic procedure (whether or not consent has been sought); or (c) under section 23WE, the suspect cannot consent to the forensic procedure; or (d) the forensic procedure has been requested by a foreign country or an international tribunal. (2) However, a magistrate is not authorised to order the carrying out of a forensic procedure on a suspect if the procedure has been requested by a foreign law enforcement agency.