13   Matters that suspect must be informed of before giving consent

(1)  The police officer must (personally or in writing) inform the suspect of the following matters:

(a)  that the giving of information under this section, and the giving of consent (if any) by the suspect, is being or will be recorded by electronic means, or in writing, and that the suspect has a right to be given an opportunity to hear or view the recording as provided by section 100,

(b)  the purpose for which the forensic procedure is required,

(c)  the offence in relation to which the police officer wants the forensic procedure carried out,

(d)  the way in which the forensic procedure is to be carried out,

(e)  that the forensic procedure may produce evidence against the suspect that might be used in a court of law,

(f)  that the forensic procedure will be carried out by an appropriately qualified police officer or person,

(g)  if relevant, the matters specified in subsection (2),

(h)  if the police officer believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander—that the suspect’s interview friend may be present while the forensic procedure is carried out,

(i)  that the suspect may refuse to consent to the carrying out of the forensic procedure,

(j)  the consequences of not consenting, as specified in subsection (3), (4), (5), (6) or (7) (whichever is applicable),

(k)  if the police officer intends forensic material obtained from the carrying out of the forensic procedure to be used for the purpose of deriving a DNA profile on the suspect—that information obtained from analysis of the forensic material obtained from carrying out the forensic procedure may be placed on the DNA database system and the rules that will apply under this Act to its disclosure and use.

(2) Suspect’s right to have medical practitioner or dentist present during some forensic procedures
The police officer must inform the suspect that the suspect may ask that a medical practitioner or dentist (depending on the kind of forensic procedure) of his or her choice be present while the forensic procedure is carried out unless the forensic procedure is:

(a)  the taking of a hand print, finger print, foot print or toe print, or

(b)  the taking of a sample of saliva or a sample by buccal swab, or

(c)  the external examination of a part of the body other than:

(i)  the genital or anal area or the buttocks, or

(ii)  the breasts of a female or a transgender person who identifies as a female,

      that requires the touching of the body or removal of clothing, or

(d)  the taking of a sample of hair other than pubic hair, or

(e)  the taking of a sample from a nail or from under a nail, or

(f)  the taking of a sample by swab or washing from any external part of the body other than:

(i)  the genital or anal area or the buttocks, or

(ii)  the breasts of a female or a transgender person who identifies as a female, or

(g)  the taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than:

(i)  the genital or anal area or the buttocks, or

(ii)  the breasts of a female or a transgender person who identifies as a females, or

(h)  the taking of a photograph of an external part of the body other than:

(i)  the genital or anal area or the buttocks, or

(ii)  the breasts of a female or a transgender person who identifies as a female, or

(i)  the taking of physical measurements (whether or not involving marking) for biomechanical analysis of an external part of the body other than:

(i)  the genital or anal area or the buttocks, or

(ii)  the breasts of a female or a transgender person who identifies as a female.

(3) Failure to consent to non-intimate forensic procedure—suspect under arrest
If the suspect is under arrest and the forensic procedure is a non-intimate forensic procedure, the police officer must inform the suspect that, if the suspect does not consent, a senior police officer may order the carrying out of the forensic procedure under Part 4 if he or she is satisfied of the matters referred to in section 20.

(4) Failure to consent to intimate forensic procedure—suspect under arrest
If the suspect is under arrest in relation to a prescribed offence and the forensic procedure is an intimate forensic procedure, the police officer must inform the suspect that, if the suspect does not consent, an application may be made to a Magistrate or other authorised officer for an order authorising the carrying out of the forensic procedure.

(5) Failure to consent to intimate or non-intimate forensic procedure—suspect not under arrest
If the suspect is not under arrest and the forensic procedure is a non-intimate forensic procedure or an intimate forensic procedure, the police officer must inform the suspect that, if the suspect does not consent, an application may be made to a Magistrate or other authorised officer for an order authorising the carrying out of the forensic procedure.

(6) Failure to consent to taking of sample by buccal swab—suspect under arrest
If the suspect is under arrest for a prescribed offence and the forensic procedure is the taking of a sample by buccal swab, the police officer must inform the suspect that, if the suspect does not consent:

(a)  a senior police officer may order the taking of a sample of hair other than pubic hair under Part 4, or

Note. See section 19.

(b)  an application may be made to a Magistrate or other authorised officer for an order authorising the taking of a sample by buccal swab or some other forensic procedure.

(7) Failure to consent to taking of sample by buccal swab—suspect not under arrest
If the suspect is not under arrest for a prescribed offence and the forensic procedure is the taking of a sample by buccal swab, the police officer must inform the suspect that, if the suspect does not consent, an application may be made to a Magistrate or other authorised officer for an order authorising the taking of a sample by buccal swab or some other forensic procedure.