Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If a volunteer, or a parent, guardian or close associate of the volunteer, expressly withdraws consent to the carrying out of a forensic procedure under this part (or if the withdrawal of such consent can reasonably be inferred from his or her conduct) before or during the carrying out of the forensic procedure—
(a) the forensic procedure must be treated from the time of the withdrawal as a forensic procedure for which consent has been refused; and
(b) if the volunteer is a child or incapable person—the forensic procedure is not to proceed except by an order of a magistrate under section 83.
(2) If, after the carrying out of a forensic procedure under this part on a volunteer, the volunteer, or a parent, guardian or close associate of the volunteer, expressly withdraws consent to retention of the forensic material taken or information obtained from analysis of the material, the material or information must be destroyed as soon as practicable after the consent is withdrawn.
(3) A police officer may request, but cannot require, a parent, guardian or close associate who withdraws consent to the carrying out of a forensic procedure under this part to confirm the withdrawal of consent in writing.
(4) Forensic material taken from the volunteer or information obtained from analysis of the material must be destroyed as soon as practicable after the end of the agreed retention period.
(5) However, material or information is not required to be destroyed under subsection (2) or (4) if an application for retention of the material or information has been made under section 84 (Retention of forensic material etc by order of magistrate) and the application has not been finally decided or a magistrate has ordered retention.