Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A magistrate may, under section 23WS or 23XA, order the carrying out of a forensic procedure on a suspect if:
(a) the suspect is not in custody and has not consented to the forensic procedure (whether or not consent has been sought); or
(b) the suspect is in custody and has not consented to the forensic procedure (whether or not consent has been sought); or
(c) under section 23WE, the suspect cannot consent to the forensic procedure; or
(d) the forensic procedure has been requested by a foreign country or an international tribunal.
(2) However, a magistrate is not authorised to order the carrying out of a forensic procedure on a suspect if the procedure has been requested by a foreign law enforcement agency.