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CRIMES ACT 1958 - SECT 464V

Interim orders

    (1)     This section does not apply to an application in respect of a blood sample.

S. 464V(2) amended by No. 37/2014 s. 10(Sch. item 36.29(a)).

    (2)     A police officer may apply, with or without notice to any other person, for an interim order directing a person to undergo a compulsory procedure if the police officer believes on reasonable grounds that the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the procedure is delayed until the final determination of the application.

    (3)     Section 464T(1), (2), (5), (6), (7) and (8) or section 464U(3), (4), (9), (10), (12) and (13) as the case requires apply to applications for interim orders.

S. 464V(4) amended by Nos 37/2014 s. 10(Sch. item 36.29(b)), 33/2018 s. 86(1).

    (4)     If a police officer believes on reasonable grounds that—

        (a)     it is necessary to obtain an interim order; and

        (b)     the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the making of an application for an interim order is delayed until the time when the application could be made in person—

the police officer may apply for an interim order by audio link or audio visual link in accordance with the procedure in section 464W.

    (5)     The court may make an interim order directing a person to undergo a compulsory procedure if—

        (a)     the court is satisfied that the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the procedure is delayed until the final determination of the application; and

S. 464V(5)(b) amended by No. 6/2018 s. 68(Sch. 2 item 35.6).

        (b)     on the evidence, whether sworn or affirmed, or unsworn or not affirmed, before it at that time, it appears to the court that there may be sufficient evidence to satisfy it of the matters set out in section 464T(3) or 464U(7) (as the case requires); and

S. 464V(5)(c) amended by No. 33/2018 s. 86(2).

        (c)     on an application by audio link or audio visual link, the court is satisfied that the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the making of the application is delayed until the time when the application could be made in person.

    (6)     If the court makes an interim order—

        (a)     it must adjourn the further hearing of the application to enable the compulsory procedure to be conducted; and

        (b)     section 464T or 464U (as the case requires) applies to the further hearing; and

S. 464V(6)(c) amended by No. 33/2018 s. 86(3).

        (c)     the further hearing must not be conducted by audio link or audio visual link; and

        (d)     the person on whom the compulsory procedure is conducted must attend the further hearing [36] .

    (7)     On the further hearing of an application—

        (a)     if the court is satisfied of the matters set out in section 464T(3) or 464U(7), it must confirm the order made under this section; or

        (b)     if the court is not so satisfied, it must order the destruction of any sample taken and any other evidence obtained as a result of the compulsory procedure.

    (8)     A sample taken in accordance with an interim order must not be analysed before the final determination of the application.

S. 464W (Heading) inserted by No. 33/2018 s. 87(1).

S. 464W inserted by No. 84/1989 s. 5,
amended by Nos 84/1989 ss 7(k), 8(b), 8/1991 s. 22(1)(a)–(d), substituted by No. 129/1993 s. 7.



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