New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 33

33 Application for interim order

(1) An authorised applicant (but no other person) may, without bringing a suspect before an authorised officer and without obtaining an order under section 24, make an application seeking an interim order authorising the carrying out of a forensic procedure on a suspect that must be carried out without delay.

(2) An application seeking an interim order authorising the carrying out of an intimate forensic procedure on a suspect may be made only if the person is a suspect in relation to a prescribed offence.

(3) An application for an interim order must--

(a) if it is made in person--be supported by evidence on oath or by affidavit dealing with the matters referred to in section 32 (1), and

(b) specify the type of forensic procedure sought to be carried out.

(4) An application for an interim order must be made--

(a) in person, or

(b) if it is not practicable to make the application in person and there are facsimile facilities readily available--by facsimile, or

(c) if it is not practicable to make the application in person and there are no facsimile facilities readily available--by telephone, radio, telex, email or other means of communication.

(4A) An authorised officer must not issue an interim order on an application made by facsimile, telephone, radio, telex, email or other means of written communication unless the authorised officer is satisfied that the interim order is required urgently and that it is not practicable for the application to be made in person.

(5) If the suspect (being a child or an incapable person, or being a person who identifies as an Aboriginal person or Torres Strait Islander) is in the presence of the authorised applicant when an application for an interim order is made--

(a) the suspect's interview friend, or

(b) the suspect's legal representative,

must also be present if reasonably practicable.

(6) At the beginning of any hearing in relation to proceedings on an application for an order under this Division, the suspect (if present) must be asked whether he or she identifies as an Aboriginal person or Torres Strait Islander.

(7) If a suspect who is in the presence of the authorised applicant when an application for an interim order is made is not covered by subsection (5), the suspect's legal representative (if any) must also (if reasonably practicable) be in the presence of the authorised applicant.

(8) Despite subsection (5), the suspect's interview friend may be excluded from the presence of the authorised applicant if the interview friend unreasonably interferes with or obstructs the making of the application.

(9) If an application is not made in person, the application must be supported by evidence on oath or by affidavit dealing with the matters referred to in section 32 (1) as soon as practicable after the making of the application and before any interim order made as a result of the application is confirmed or disallowed.