MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 28B Requests by foreign countries for forensic procedures

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 - SECT 28B

  (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  (i)   the consent of the parent or guardian cannot reasonably be obtained or has been withdrawn;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.