464WApplication by audio link or audio visual link for interim order

464W Application by audio link or audio visual link for interim order

S. 464W(1) amended by Nos 37/2014 s. 10(Sch. item 36.30(a)), 33/2018 s. 87(2).

(1) A police officer making an application by audio link or audio visual link for an interim order must make the application in accordance with this section.

S. 464W(2) amended by Nos 37/2014 s. 10(Sch. item 36.30(b)), 6/2018 s. 68(Sch. 2 item 35.7).

(2) Before making the application, the police officer must prepare an affidavit setting out the grounds on which the order is sought, but may, if necessary, make the application before the affidavit has been sworn or affirmed.

S. 464W(3) amended by Nos 37/2014 s. 10(Sch. item 36.30(b)), 6/2018 s. 68(Sch. 2 item 35.8), 33/2018 s. 87(3).

(3) If transmission by facsimile machine or other electronic communication is available, the police officer must transmit a copy of the affidavit, even if the affidavit is not sworn or affirmed, to the magistrate or Children's Court magistrate constituting the court that is to hear the application.

(4) If the person the subject of the application is present with the applicant, the court must, if practicable, hear the person on any matter referred to in section 464T(3)(a) to (h), in the case of a relevant suspect, or section 464U(7)(a) to (g) and section 464U(8), in the case of a child.

S. 464W(5) amended by No. 33/2018 s. 87(4).

(5) If the court makes an interim order on an application made by audio link or audio visual link, the court must inform the applicant of the terms of the order, the date on which and the time at which it was made, and the date on which and the venue of the court at which the further hearing of the application will take place.

S. 464W(6) amended by No. 33/2018 s. 87(5).

(6) If transmission by facsimile machine or other electronic communication is available, the court must transmit a copy of its order to the applicant.

(7) A failure of the court to comply with subsection (4), (5) or (6) does not invalidate any order made by it but constitutes non-compliance for the purposes of section 464ZE(1)(a).

S. 464W(8) amended by No. 33/2018 s. 87(6)(a).

(8) If an interim order is made on an application made by audio link or audio visual link, the applicant must—

S. 464W(8)(a) amended by No. 33/2018 s. 87(6)(b).

(a) if a copy of the order has not been transmitted by facsimile machine or other electronic communication, complete a form of order in the terms indicated by the court under subsection (5) and must write on it the name of the magistrate or Children's Court magistrate who constituted the court that made the order and the date on which and the time at which it was made; and