New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 70

70 Circumstances in which senior police officer may order non-intimate forensic procedure

(1) A senior police officer may order the carrying out of a non-intimate forensic procedure on a serious indictable offender if:

(a) the offender has been requested under section 68 to consent to the carrying out of the forensic procedure, and

(b) the offender has not consented.

(2) If the senior police officer needs to decide between taking a sample of the offender’s hair or the carrying out of a self-administered buccal swab, an order for the taking of a sample of hair may not be made unless, following inquiry by the police officer:

(a) the offender has indicated that he or she prefers the taking of a sample of hair, or

(b) the offender has failed to indicate that he or she will carry out a self-administered buccal swab.