Records of application and interim order (where application not made in person or reduced to writing)
36A Records of application and interim order (where application not made in person or reduced to writing)
This section applies when an application for an interim order is not made in person, by facsimile, by email or by other electronic means of written communication.
The authorised officer must, at the time of, or as soon as practicable after, making an interim order, make a record (the authorised officer’s record) of—
the order made, and
the date and time when the order was made, and
the reasons for making it,
and sign the record.
The applicant for an interim order must, as soon as practicable after an order is made, make a record (the applicant’s record) of—
the order made, and
the date and time when the order was made, and
the authorised officer’s name,
and sign the record.
The authorised officer must send a copy of the authorised officer’s record to the applicant as soon as practicable after the record is made.
The applicant must ensure that a copy of the authorised officer’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 authorised officer’s record.
If the applicant’s record does not, in all material respects, accord with the authorised officer’s record, the order is taken to have no effect.
This Act’s bill:Explanatory memorandumSecond reading speech
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