Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23XWP

  (1)   If:

  (a)   an offender is in prison or another place of detention; and

  (b)   a judge or magistrate orders the carrying out of a forensic procedure under this Division on the offender;

the judge or magistrate may order that a constable and a Division   6 person be permitted to attend on the offender in the prison or place of detention to allow the forensic procedure to be carried out.

  (2)   In subsection   (1), Division   6 person means a person who, under Division   6 as applied by section   23XWE, may carry out the forensic procedure.

  (3)   If a judge or magistrate orders the carrying out of a forensic procedure under this Division on an offender who is not in a prison or another place of detention, the judge or magistrate may order the offender to attend at a police station (or other place specified by the judge or magistrate) within a period specified by the judge or magistrate to allow the forensic procedure to be carried out.

  (4)   If a judge or magistrate orders the carrying out of a forensic procedure under this Division on an offender, the offender commits an offence if the offender, without reasonable excuse, refuses or fails to permit the forensic procedure to be carried out.

Penalty:   Imprisonment for 12 months.

Note:   A defendant bears the evidential burden in relation to the exception of reasonable excuse--see subsection   13.3(3) of the Criminal Code .