Section 23XGC — Crimes Act 1914: Arrest of suspect not in custody

(1) If the suspect is not in custody, the magistrate may, on the application of a constable, issue a warrant for the arrest of the suspect for the purpose of carrying out the forensic procedure. (2) An application for a warrant 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 warrant only if satisfied: (a) that the arrest is necessary to ensure that the forensic procedure can be carried out; or (b) that the issue of the warrant is otherwise justified. (4) A magistrate must not issue a warrant for the arrest of a suspect for the purpose of carrying out a forensic procedure if a warrant has previously been issued (by any magistrate) for the arrest of the suspect for the purpose of carrying out that forensic procedure.