International War Crimes Tribunals Act 1995

The Attorney‑General may authorise, in writing, a constable to apply under Part ID of the Crimes Act 1914 for an order for the carrying out of a forensic procedure on a person if:

a Tribunal has requested the procedure to be carried out on the person; and

the Attorney‑General is satisfied:

that the request relates to a proceeding before, or an investigation conducted by, the Tribunal; and

that the person is, or is believed to be, in Australia; and

that the Tribunal has given appropriate undertakings about the retention, use and destruction of forensic material, or of information obtained from analysing that material; and

that the Tribunal has given any other undertakings that the Attorney‑General considers necessary; and

unless subsection (2) applies—that the person has been given an opportunity to consent to the forensic procedure and has not consented to it; and

if subsection (2) applies—of the matters in that subsection; and

in the case of the person being a suspect, the constable is an authorised applicant.

If the person is a child or an incapable person, the matters are:

that either:

the consent of a parent or guardian of the person cannot reasonably be obtained or has been withdrawn; or

a parent or guardian of the person is a suspect in relation to an offence to which the investigation or proceeding relates; and

that, having regard to the best interests of the person, it is appropriate to make the authorisation.

In this section: