Crimes Act 1958

Before a senior police officer gives or refuses to give an authorisation under section 464SA, the senior police officer must allow the suspect or the suspect's legal practitioner, if any, a reasonable opportunity, if practicable in person, to inform the senior police officer whether there is any reason why the non-intimate compulsory procedure should not be conducted.

An authorisation under section 464SA must be made in writing signed by the senior police officer giving it and include—

the date and time when the authorisation is given; and

the grounds for giving the authorisation; and

the type of sample or examination authorised.

The senior police officer must give, or cause another police officer to give, to the suspect a copy of the authorisation as soon as practicable after the authorisation is made and, in any event, before the conduct of the compulsory procedure.

Before the compulsory procedure is conducted, a police officer must inform the suspect orally and in person of the following—

that an authorisation under section 464SA has been given; and

the matters referred to in subsection (2)(a), (b) and (c); and

that a police officer may use reasonable force to enable the compulsory procedure to be conducted; and

if the authorisation is to take a sample of hair, that the suspect may elect to provide instead a scraping taken by the suspect from his or her mouth, if it is considered appropriate to do so.

The person who gives the information required to be given by subsection (4) must—

record, or cause to be recorded, the giving of that information by audio recording or audiovisual recording; and

give or send by registered post, or cause to be given or sent by registered post, to the suspect or his or her legal practitioner, without charge, a copy of the recording as soon as practicable, but not more than 7 days after the conduct of the compulsory procedure.

If a senior police officer refuses to give an authorisation under section 464SA in respect of a suspect, the senior police officer must—

inform, or cause another police officer to inform, the suspect orally of the decision as soon as practicable after the refusal; and

give written notice of the decision to the suspect within 7 days after the refusal.

A failure of the senior police officer or a police officer to comply with this section does not invalidate any authorisation made by the senior police officer but constitutes non-compliance for the purposes of section 464ZE(1)(a).