28BRequests by foreign countries for forensic procedures

28B Requests by foreign countries for forensic procedures

(1) If a foreign country requests that a forensic procedure be carried out on a person, the Attorney‑General may authorise a constable to apply, in accordance with Part ID of the Crimes Act 1914, to a magistrate for an order for the carrying out of the forensic procedure on the person, so long as, if the person is a suspect within the meaning of subsection 23WA(1) of that Act, the constable is an authorised applicant within the meaning of that subsection. (2) The Attorney‑General must not authorise a constable under subsection (1) unless the Attorney‑General is satisfied of the following matters: (a) a request has been made by a foreign country that a forensic procedure be carried out on a person; (b) unless the person is a child or an incapable person—the foreign country has: (i) started investigating whether the person has committed a foreign serious offence against its laws; or (ii) started proceedings against the person for a foreign serious offence; (c) the person is, or is believed to be, in Australia; (d) the foreign country has given: (i) appropriate undertakings in relation to the retention, use and destruction of forensic material, or of information obtained from analysis of that forensic material; and (ii) any other undertakings that the Attorney‑General considers necessary; (e) unless the person is a child or an incapable person—the person has been given an opportunity to consent to the forensic procedure and has not consented to it; (f) if the person is a child or an incapable person, the matters specified in subsection (3). (3) If the person is a child or an incapable person, the Attorney‑General must: (a) be satisfied that either of the following applies: (i) the consent of the parent or guardian cannot reasonably be obtained or has been withdrawn; (ii) the parent or guardian is a suspect in relation to the foreign serious offence; and (b) believe that, having regard to the best interests of the child or incapable person, it is appropriate to make the authorisation.