Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A magistrate may make an interim order authorising the immediate carrying out of a forensic procedure on a suspect if—
(a) section 32 (Circumstances in which magistrate may order forensic procedure) applies; and
(b) the magistrate is satisfied that the probative value of evidence obtained because of the forensic procedure concerned is likely to be lost or destroyed if there is delay in carrying out the procedure; and
(c) the magistrate is satisfied that there is sufficient evidence to indicate that a magistrate is reasonably likely to be satisfied of the existence of the matters mentioned in section 34 (1) (Matters to be considered by magistrate before ordering forensic procedure) when the application is finally decided.
(2) An interim order operates as provided by this division until a magistrate, at a hearing held as mentioned in section 44 (2) (Action to be taken on making of interim orders), confirms the interim order or disallows it.
(3) Division 2.5.2 applies to the making of an order confirming the interim order in the same way as it applies to the making of an order under section 33 (Final order for carrying out of forensic procedure), and an order confirming the interim order is taken to be an order under section 33.