Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23WK

Withdrawal of consent

    If a person expressly withdraws consent to the carrying out of a forensic procedure under this Part (or if the withdrawal of such consent can reasonably be inferred from the person's conduct) before or during the carrying out of the forensic procedure, then:

  (a)   the forensic procedure is to be treated from the time of the withdrawal as a forensic procedure for which consent has been refused; and

  (b)   the forensic procedure is not to proceed except by order of a constable under Division   4 or a magistrate under Division   5.


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