Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An authorised applicant may, without bringing a suspect before a magistrate and without obtaining an order under section 33 (Final order for carrying out of forensic procedure), make an application seeking an order (an interim order ) authorising the immediate carrying out of a forensic procedure on the suspect.
(2) An application for an interim order must—
(a) be supported by evidence on oath or by affidavit dealing with the matters mentioned in section 41 (1); and
(b) state 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, fax or other means of communication.
(4) The suspect must be in the presence of the authorised applicant when the application is made unless the suspect is remanded or otherwise detained in lawful custody in a State and it is not practicable for the suspect to be present by audio link or audiovisual link.
Note 1 State includes the Northern Territory (see Legislation Act
, dict, pt 1).
Note 2 The Evidence (Miscellaneous Provisions) Act 1991
, s 20 (Territory courts may take evidence and submissions from participating States) applies in relation to the taking of evidence and making of submissions by audiovisual link or audio link from a participating State. See also the Magistrates Court Act 1930
, s 311 (Appearance by audiovisual or audio links etc).
(5) If the suspect is a child, incapable person or Aboriginal or Torres Strait Islander person, the suspect's interview friend or lawyer must also be in the presence of the authorised applicant.
(6) However, the suspect's interview friend (other than a lawyer) may be excluded from the presence of the authorised applicant if the interview friend unreasonably interferes with or obstructs the making of the application.
(7) In this section:
"audio link"—see section 38 (6).
"audiovisual link"—see section 38 (6).