An "incapable person" means an adult who is incapable, or temporarily incapable, of—
(a) understanding the general nature and effect of, and purposes of carrying out, a forensic procedure; or
(b) indicating whether or not he or she consents or does not consent to a forensic procedure being carried out.
Examples—temporarily incapable
1 a person who is sedated
2 a person who is affected by drugs or alcohol
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).