Australian Capital Territory Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 79

    (1)     A person is authorised to carry out a forensic procedure on a volunteer—

        (a)     if the volunteer is not a child or incapable person—with the informed consent of the volunteer given in accordance with section 80; or

        (b)     if the volunteer is a child or incapable person—

              (i)     with the informed consent of the parent or guardian of the volunteer given in accordance with section 80 or by order of a magistrate under section 83 (Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person); 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.

Note      Volunteer is defined in s 10.

    (2)     This section does not authorise a person to carry out a forensic procedure on a child or incapable person who objects to or resists the carrying out of the forensic procedure.

    (3)     A person is authorised under this section to carry out a forensic procedure under this part only in accordance with part 2.6.

    (4)     However, the following provisions in part 2.6 do not apply to the carrying out of a forensic procedure under this part on a volunteer:

        (a)     section 50 (Use of force in carrying out forensic procedures);

        (b)     section 55 (3) (Person may get help to carry out forensic procedure);

        (c)     section 63 (Preventing the carrying out of forensic procedure).