Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A police officer may apply to any court for an order directing a serious offender to consent to an intimate forensic procedure to which this part applies being carried out on the serious offender.
(2) A police officer may apply to any court for an order for the carrying out of a non-intimate forensic procedure to which this part applies on a serious offender who is a child or incapable person.
(3) A police officer may make an application under this section to the court that is sentencing the serious offender or to any other court at a later time.
(4) An application for an order under subsection (1) or (2) must be—
(a) made in writing; and
(b) supported by evidence on oath or by affidavit dealing with the matters mentioned in subsection (6).
(5) A court may order the carrying out of a forensic procedure under this part if satisfied that the carrying out of the forensic procedure is justified in all the circumstances.
(6) In deciding whether to make an order under this section, the court must take into account—
(a) whether this Act would authorise the forensic procedure to be carried out in the absence of the order; and
(b) the seriousness of the circumstances surrounding the commission of the serious offence by the serious offender; and
(c) whether the carrying out of the forensic procedure is justified in all the circumstances.
(7) An order under this section takes effect immediately.
(8) However, the person who conducts an analysis of forensic material obtained because of carrying out the forensic procedure on a serious offender must not disclose the results of the analysis—
(a) until the expiry of any appeal period or after the final determination of any appeal in relation to the serious offence concerned, whichever is the later; or
(b) if the conviction is quashed.