Western Australian Current Acts

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CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 28

28 .         When identifying procedure may be done

        (1)         If —

            (a)         under section 25 a request is made to an involved person or under section 26 to a responsible person; and

            (b)         the person is informed in accordance with section 25 or 26, as the case requires; and

            (c)         as the case requires, either —

                  (i)         the involved person who is an adult consents to the procedure and decides the matters in section 25(3)(g); or

                  (ii)         the responsible person consents to the procedure being done on the involved person who is a protected person and decides the matters in section 26(3)(g),

                then the non-intimate identifying procedure may be done on the involved person.

        (2)         If an involved person who is an adult, having been —

            (a)         requested under section 25 to consent to an identifying procedure; and

            (b)         informed under that section,

                does not consent or withdraws consent to the procedure being done, the procedure cannot be done or continue to be done on the involved person.

        (3)         If a responsible person, having been —

            (a)         requested under section 26 to consent to an identifying procedure being done on an involved person who is a protected person; and

            (b)         informed under that section,

                does not consent or withdraws consent to the procedure being done, the procedure may only be done on the involved person if a magistrate issues an IP warrant (involved protected person) that authorises it.



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