Commonwealth Consolidated Acts Commonwealth Consolidated ActsA constable may order the carrying out of a non - intimate forensic procedure to which this Division applies on a serious offender or the taking of the fingerprints of a prescribed offender other than a child or an incapable person if:
(a) the offender has been asked under section 23XWH to consent to the carrying out of the forensic procedure; and
(b) the offender has not consented; and
(c) the constable has taken into account the matters set out in section 23XWL.