Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn determining whether to make an order under section 23XWK, the constable is to take into account:
(a) whether this Part would authorise the forensic procedure to be carried out in the absence of the order; and
(b) the seriousness of the circumstances surrounding the offence committed by the offender; and
(d) whether the carrying out of the forensic procedure without consent is justified in all the circumstances.