New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 34

34 Procedure at hearing of application for interim order

(1) If the application is made in person, or by telephone or radio or other form of oral communication, the authorised officer must ensure that--

(a) the suspect or the suspect's legal representative, if any, and

(b) the suspect's interview friend, if any,

are given an opportunity to speak to the authorised officer.

(2) If the application is made by telex, facsimile or other form of written communication, the authorised officer must ensure that--

(a) the suspect or the suspect's legal representative, if any, and

(b) the suspect's interview friend, if any,

are given an opportunity to make a written submission to accompany the application, or to speak to the authorised officer by telephone, radio or other form of oral communication.

(3) Despite subsections (1) and (2), the suspect's interview friend may be excluded from the presence of the authorised officer if the interview friend unreasonably interferes with or obstructs the hearing of the application.