New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 75I

75I 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 an untested former offender if--

(a) the former offender has been requested under section 75G to consent to the carrying out of the forensic procedure, and

(b) the former offender has not consented, and

(c) the former offender is under arrest or otherwise in custody.

(2) If the senior police officer needs to decide between taking a sample of the former offender'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 former offender has indicated that he or she prefers the taking of a sample of hair, or

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