New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 18

18 Circumstances in which senior police officer may order non-intimate forensic procedure

(1) A senior police officer may order the carrying out of a non-intimate forensic procedure on a suspect who is under arrest if--

(a) the suspect has been asked under Part 3 to consent to the carrying out of the forensic procedure, and

(b) the suspect has not consented, and

(c) the senior police officer is satisfied as required by section 20.

(2) If the senior police officer needs to decide between taking a sample of the suspect's hair or the carrying out of a self-administered buccal swab, an order for the taking of a sample of hair may not be made unless, following inquiry by the police officer--

(a) the suspect has indicated that he or she prefers the taking of a sample of hair, or

(b) the suspect has failed to indicate that he or she will carry out a self-administered buccal swab.