Crimes Act 1914

If:

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

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

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

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.

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

made by information on oath or affirmation; and

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

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

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

that the issue of the summons is otherwise justified.

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

made by information on oath or affirmation; and

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

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

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

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

that the issue of the warrant is otherwise justified.