Crimes Act 1914

If the suspect is not in custody, the magistrate may, on the application of a constable, issue a warrant for the arrest of the suspect for the purpose of carrying out the forensic procedure.

An application for a warrant must be:

made by information on oath; and

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

The magistrate may issue a warrant only if satisfied:

that the arrest is necessary to ensure that the forensic procedure can be carried out; or

that the issue of the warrant is otherwise justified.

A magistrate must not issue a warrant for the arrest of a suspect for the purpose of carrying out a forensic procedure if a warrant has previously been issued (by any magistrate) for the arrest of the suspect for the purpose of carrying out that forensic procedure.