Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23XWOB

  (1)   If:

  (a)   an application is made under section   23XWO to a judge or magistrate for an order for the carrying out of a forensic procedure on an offender; and

  (b)   the offender is neither in custody nor detained under a law of the Commonwealth, a State or a Territory;

the judge or magistrate may, on the application of a constable:

  (c)   issue a summons for the appearance of the offender at the hearing of the application; or

  (d)   issue a warrant for the arrest of the offender for the purpose of bringing the offender before the judge or magistrate for the hearing of the application.

  (2)   An application for a summons under subsection   (1) must be:

  (a)   made by information on oath or affirmation; and

  (b)   accompanied by an affidavit dealing with matters referred to in paragraphs   (3)(a) and (b).

  (3)   The judge or magistrate may issue a summons only if satisfied:

  (a)   that the issue of the summons is necessary to ensure the appearance of the offender at the hearing of the application made under section   23XWO; or

  (b)   that the issue of the summons is otherwise justified.

  (4)   An application for a warrant under subsection   (1) must be:

  (a)   made by information on oath or affirmation; and

  (b)   accompanied by an affidavit dealing with matters referred to in paragraphs   (5)(a), (b) and (c).

  (5)   The judge or magistrate may issue a warrant only if satisfied:

  (a)   that the arrest is necessary to ensure the appearance of the offender at the hearing of the application made under section   23XWO, and that the issue of a summons would not ensure that appearance; or

  (b)   that the offender might destroy evidence that might be obtained by carrying out the forensic procedure; or

  (c)   that the issue of the warrant is otherwise justified.