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Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30A) - Custody and investigation
464ZFA Warrants issued for forensic procedures under section 464ZF or 464ZFAAA
(1)If— the court may issue a warrant authorising the person to whom it is directed, if necessary—
S. 464ZFA(1) substituted by No. 27/2006 s. 10(2), amended by No. 48/2006 s. 42(Sch. item 9.3).
(a)before a court makes an order under section 464ZF(3) directing a person to undergo a forensic procedure, that person has been released from the prison, police gaol, youth justice centre or designated mental health service where he or she was serving a term of imprisonment or a period of detention at the time the application for the order was made; or
(b)a person fails to attend the hearing of an application under section 464ZFAAA(2) for an order directing the person to undergo a forensic procedure—
(c)to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and
(d)to arrest the person; and
(e)to bring the person before the court for the hearing of the application; and
(f)if that application is granted, to detain the person for as long as reasonably permits the conduct of the forensic procedure.
(1A)If a court makes an order under section 464ZF(2) or 464ZFAAA(2) directing a person to undergo a forensic procedure and the person does not comply with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), as the case may be, a police officer may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under subsection (1B).
(1B)If a magistrate or a registrar to whom such an application is made is satisfied by evidence on oath or by affirmation or affidavit that the person has not complied with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary—
S. 464ZFA(1B) inserted by No. 16/2002 s. 12(1), amended by Nos 27/2006 s. 10(4), 6/2018 s. 68(Sch. 2 item 35.10).
(a)to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and
(3)A warrant issued under subsection (1) or (1B) directed to a named police officer may be executed by any police officer.
(4)If a court issues a warrant under subsection (1) or a magistrate or registrar issues a warrant under subsection (1B), the court, magistrate or registrar must—
S. 464ZFA(4) amended by No. 16/2002 s. 12(2)(c)(i).
(a)give reasons for the decision; and
(b)cause a note of the reasons to be entered in the records of the court.
(5)A failure of a court, magistrate or registrar to comply with subsection (4) does not invalidate any order made by the court, magistrate or registrar but constitutes non-compliance for the purposes of section 464ZE(1)(a).
S. 464ZFA(5) amended by No. 16/2002 s. 12(2)(d)(i)(ii).
(6)If a person is arrested under a warrant issued under subsection (1) or (1B), the warrant ceases to have effect immediately after the procedure is completed or on the expiration of a reasonable time (whichever is the earlier).