Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If the suspect is in the custody of a police officer or is otherwise detained under territory law (the original custody ), the magistrate may, on the application of a police officer, issue a warrant directing the person holding the suspect in the original custody to deliver the suspect into the custody of the police officer ( temporary custody ) for the hearing of an application for an order under this part.
(2) The police officer given temporary custody must return the suspect to the place of the original custody—
(a) if the application for the order is refused—without delay; or
(b) if the order is made—without delay after the period after the order is made that is reasonably necessary to carry out the forensic procedure.