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CRIMES ACT 1914 - SECT 23XB

Application for interim order

             (1)  An authorised applicant may, without bringing a suspect before a magistrate and without obtaining an order under section 23WS, make an application seeking an interim order authorising the carrying out of a forensic procedure on a suspect that must be carried out without delay.

             (2)  An application for an interim order must:

                     (a)  be supported by evidence on oath or by affidavit dealing with the matters referred to in paragraphs 23XA(1)(a), (b) and (c); and

                     (b)  specify the type of forensic procedure sought to be carried out.

             (3)  An application for an interim order may be made in person or, if that is not practicable, by telephone, radio, telex, fax or other means of transmission.

             (4)  The suspect must be in the presence of the authorised applicant when the application is made.

             (5)  If the suspect is:

                     (a)  a child; or

                     (b)  an incapable person;

an interview friend or legal representative of the suspect must also be in the presence of the authorised applicant.

             (6)  If the applicant believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander not covered by subsection (5), an interview friend or legal representative of the suspect must also be in the presence of the authorised applicant.

             (7)  Subsection (6) does not apply if the applicant believes on reasonable grounds that, having regard to the suspect's level of education and understanding, the suspect is not at a disadvantage in relation to the application by comparison with members of the Australian community generally.

             (8)  If the suspect is not covered by subsection (5) or (6), the suspect's legal representative (if any) must also be in the presence of the authorised applicant.

             (9)  In spite of subsection (5) or (6), the suspect's interview friend may be excluded from the presence of the authorised applicant if the interview friend unreasonably interferes with or obstructs the making of the application.



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