Interim orders
464V Interim orders
S. 464V inserted by No. 84/1989 s. 5, amended by Nos 84/1989 ss 7(i)(j), 8(a)(i)–(iv), 23/1991 s. 7(1)(2), substituted by No. 129/1993 s. 7.
This section does not apply to an application in respect of a blood sample.
S. 464V(2) amended by No. 37/2014 s. 10(Sch. item 36.29(a)).
A police officer may apply, with or without notice to any other person, for an interim order directing a person to undergo a compulsory procedure if the police officer believes on reasonable grounds that the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the procedure is delayed until the final determination of the application.
Section 464T(1), (2), (5), (6), (7) and (8) or section 464U(3), (4), (9), (10), (12) and (13) as the case requires apply to applications for interim orders.
S. 464V(4) amended by Nos 37/2014 s. 10(Sch. item 36.29(b)), 33/2018 s. 86(1).
If a police officer believes on reasonable grounds that—
it is necessary to obtain an interim order; and
the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the making of an application for an interim order is delayed until the time when the application could be made in person—
the police officer may apply for an interim order by audio link or audio visual link in accordance with the procedure in section 464W.
The court may make an interim order directing a person to undergo a compulsory procedure if—
the court is satisfied that the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the procedure is delayed until the final determination of the application; and
S. 464V(5)(b) amended by No. 6/2018 s. 68(Sch. 2 item 35.6).
on the evidence, whether sworn or affirmed, or unsworn or not affirmed, before it at that time, it appears to the court that there may be sufficient evidence to satisfy it of the matters set out in section 464T(3) or 464U(7) (as the case requires); and
S. 464V(5)(c) amended by No. 33/2018 s. 86(2).
on an application by audio link or audio visual link, the court is satisfied that the sample or evidence sought to be obtained by the compulsory procedure is likely to be lost if the making of the application is delayed until the time when the application could be made in person.
S. 464V(5A) inserted by No. 55/2025 s. 14(1).
The court may make the interim order in the absence of the person whom the order directs to undergo a procedure.
If the court makes an interim order—
it must adjourn the further hearing of the application to enable the compulsory procedure to be conducted; and
section 464T or 464U (as the case requires) applies to the further hearing; and
S. 464V(6)(c) amended by No. 33/2018 s. 86(3), repealed by No. 55/2025 s. 14(2)(a).
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S. 464V(6)(d) substituted by No. 55/2025 s. 14(2)(b). [35]
in the case of an interim order made by the Magistrates' Court, the person on whom the compulsory procedure is conducted must—
be present in court for the further hearing; or
appear at the further hearing by audio visual link; and
S. 464V(6)(e) inserted by No. 55/2025 s. 14(2)(b).
in the case of an interim order made by the Children's Court, the child on whom the compulsory procedure is conducted must—
be present in court for the further hearing; or
if the court directs that the child is permitted to do so, appear at the further hearing by audio visual link.
On the further hearing of an application—
S. 464V(7)(b) amended by No. 55/2025 s. 14(3).
if the court is satisfied of the matters set out in section 464T(3) or 464U(7), it must, subject to subsections (7A) and (7B), confirm the order made under this section; or
if the court is not so satisfied, it must order the destruction of any sample taken and any other evidence obtained as a result of the compulsory procedure.
S. 464V(7A) inserted by No. 55/2025 s. 14(4).
The Magistrates' Court must not, under subsection (7)(a), confirm an order made under this section unless the person whom the order directs to undergo a procedure is present in court or appearing by audio visual link.
S. 464V(7B) inserted by No. 55/2025 s. 14(4).
The Children's Court must not, under subsection (7)(a), confirm an order made under this section unless—
the child whom the order directs to undergo a procedure is present in court; or
the court directs that the child is permitted to appear by audio visual link and the child does so appear.
A sample taken in accordance with an interim order must not be analysed before the final determination of the application.
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