Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A serious offender gives informed consent to a forensic procedure if the serious offender consents after a police officer—
(a) requests the serious offender to consent to the forensic procedure under section 70; and
(b) informs the serious offender about the forensic procedure in accordance with section 72 (Matters that serious offender must be informed of before giving consent); and
(c) gives the serious offender the opportunity to communicate, or attempt to communicate, with a lawyer of the serious offender's choice.
Note Inform is defined in the dictionary.
(2) The police officer must allow the serious offender to communicate, or attempt to communicate, with the lawyer in private unless the police officer suspects on reasonable grounds that the serious offender might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.
Note Section 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.