(1) If an application to carry out a forensic procedure on a serious offender or prescribed offender is made to the court that is sentencing the offender—
(a) notice of the application must be given to the offender at least 7 days before the sentencing; and
(b) the application must be made orally at the sentencing.
(2) If an application to carry out a forensic procedure on a serious offender or prescribed offender is made to a court after the sentencing of the offender—
(a) the application must be filed with the court; and
(b) a sealed copy of the application must be served personally on the offender at least 7 days before the return date for the application.
Note 1 Return date , for an application, is defined in the dictionary.
Note 2 Under the Act
, pt 2.7, a police officer may apply to any court for an order for the carrying out of an intimate or non-intimate forensic procedure for a serious offender in certain circumstances (see the Act
s 77 (1) and (2)). The application may be made to the court that is sentencing the serious offender or prescribed offender or to any other court at a later time (see the Act
, s 77 (3)).
Note 3 Under
title="Crimes Act 1914 (Cwlth)">the Crimes Act, pt 1D, div 6A, an authorised applicant may apply to any court for an order for the carrying out of an intimate or non-intimate forensic procedure in certain circumstances (see the Crimes Act
s 23XWO (1) and (2)). This application may be made to the court that is sentencing a serious offender or prescribed offender or to any other court at a later time (see
title="Crimes Act 1914 (Cwlth)">the Crimes Act, s 23XWO (5)).