76AAuthorising application for carrying out of forensic procedures

76A Authorising application for carrying out of forensic procedures

(1) The Attorney‑General may authorise, in writing, a constable to apply under Part ID of the Crimes Act 1914 for an order for the carrying out of a forensic procedure on a person if: (a) the ICC has requested the procedure to be carried out on the person; and (b) the Attorney‑General is satisfied: (i) that the request relates to an investigation being conducted by the Prosecutor or a proceeding before the ICC; and (ii) that the person is, or is believed to be, in Australia; and (iii) that the ICC has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and (iv) that the ICC has given any other undertakings that the Attorney‑General considers necessary; and (v) unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and (vi) if subsection (2) applies—of the matters in that subsection; and (c) in the case of the person being a suspect, the constable is an authorised applicant. (2) If the person is a child or an incapable person, the matters are: (a) that either: (i) the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or (ii) a parent or guardian of the person is a suspect in relation to a crime or an offence to which the investigation or proceeding relates; and (b) that, having regard to the best interests of the person, it is appropriate to make the authorisation. (3) In this section:

authorised applicant has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.

suspect has the same meaning as in subsection 23WA(1) of the Crimes Act 1914.