Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 23XE

Records of application and interim order

  (1)   The applicant for an interim order must, at the time of, or as soon as practicable after, applying for the interim order, make a record (the applicant's record ) of:

  (a)   the application; and

  (b)   the grounds for seeking the order; and

  (c)   the order made; and

  (d)   the date and time when the order was made; and

  (e)   the magistrate's name;

and sign the record.

  (2)   The applicant must send a copy of the applicant's record to the magistrate as soon as practicable after it is made.

  (3)   The magistrate must, at the time of, or as soon as practicable after, making an interim order, make a record (the magistrate's record ) of:

  (a)   the application; and

  (b)   the grounds for seeking the order; and

  (c)   the order made; and

  (d)   the date and time when the order was made; and

  (e)   the reasons for making it;

and sign the record.

  (4)   The magistrate must send a copy of the magistrate's record to the applicant as soon as practicable after the record is made.

  (5)   The applicant must ensure that a copy of the magistrate's record and a copy of the applicant's record are made available to the suspect as soon as practicable after the applicant receives the magistrate's record.

  (6)   If the applicant's record does not, in all material respects, accord with the magistrate's record, the order is taken to have had no effect.



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