Mutual Assistance in Criminal Matters Act 1987

If a foreign country requests that a forensic procedure be carried out on a person, the Attorney‑General may authorise a constable to apply, in accordance with Part ID of the Crimes Act 1914, to a magistrate for an order for the carrying out of the forensic procedure on the person, so long as, if the person is a suspect within the meaning of subsection 23WA(1) of that Act, the constable is an authorised applicant within the meaning of that subsection.

The Attorney‑General must not authorise a constable under subsection (1) unless the Attorney‑General is satisfied of the following matters:

a request has been made by a foreign country that a forensic procedure be carried out on a person;

unless the person is a child or an incapable person—the foreign country has:

started investigating whether the person has committed a foreign serious offence against its laws; or

started proceedings against the person for a foreign serious offence;

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

the foreign country has given:

appropriate undertakings in relation to the retention, use and destruction of forensic material, or of information obtained from analysis of that forensic material; and

any other undertakings that the Attorney‑General considers necessary;

unless the person is a child or an incapable person—the person has been given an opportunity to consent to the forensic procedure and has not consented to it;

if the person is a child or an incapable person, the matters specified in subsection (3).

If the person is a child or an incapable person, the Attorney‑General must:

be satisfied that either of the following applies:

the consent of the parent or guardian cannot reasonably be obtained or has been withdrawn;

the parent or guardian is a suspect in relation to the foreign serious offence; and

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