South Australian Numbered Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SECT 38

38—General provisions relating to applications under this Division

        (1)         An application for an order under this Division—

            (a)         must be made, in writing, by a police officer; and

            (b)         must state the grounds on which the order is sought.

        (2)         If the respondent can be located, a copy of the application must be given to the respondent.

        (3)         The application may be sent by fax or email to the senior police officer who is to hear the application or, if it is not reasonably practicable to send the application by fax or email, the application may be read to the officer over the telephone (however, in such a case, a copy of the application must be provided to the officer as soon as practicable after the application is made).

        (4)         Subject to this section, an order may be made under this Division by a senior police officer on the basis of an informal hearing conducted in such manner as the senior police officer thinks fit.

        (5)         The respondent may be represented by a legal practitioner at the hearing of the application.

        (6)         If the senior police officer hearing the application is satisfied that the respondent—

            (a)         could not be located to be served with a copy of the application; or

            (b)         has been served with a copy of the application but has failed to attend the hearing,

the officer may proceed to hear and determine the application in the absence of the respondent.

        (7)         A hearing may be conducted by telephone or other electronic means provided that, if the respondent or the respondent's representatives (if any) are present at the hearing, the respondent or the respondent's representatives are given a reasonable opportunity to make representations at the hearing to the senior police officer who is determining the application.

        (8)         An order under this Division may include directions about any incidental matter.

        (9)         If a senior police officer makes an order under this Division, the officer must make a written record of the order and the reasons for the order.

        (10)         If the respondent can be located, a copy of the record of the order must be given to the respondent.