Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23XWT

Withdrawal of consent

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

                     (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 (in the case of a child or incapable person) by order of a magistrate under section 23XWU.

             (2)  If:

                     (a)  a forensic procedure is carried out on a volunteer under this Division; and

                     (b)  after the procedure is carried out, the volunteer, or the parent or guardian of the volunteer, expressly withdraws consent to retention of the forensic material taken or of information obtained from the analysis of that material;

then, subject to any order made under section 23XWV, the forensic material and any information obtained from analysis of the material is to be destroyed as soon as practicable after the consent is withdrawn.

             (3)  A constable may request, but cannot require, a parent or guardian who withdraws consent to the carrying out of a forensic procedure under this Division to confirm the withdrawal of consent in writing.



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