(b) 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. (8) A sample taken in accordance with an interim order must not be analysed before the final determination of the application. S. 464W 464W Application by telephone for interim order inserted by No. 84/1989 s. 5, amended by Nos 84/1989 ss 7(k), 8(b), 8/1991 s. 22(1)(a)–(d), substituted by No. 129/1993 s. 7. (1) A police officer making an application by S. 464W(1) telephone for an interim order must make the amended by No. 37/2014 application in accordance with this section. s. 10(Sch. item 36.30(a)). S. 464W(2) (2) Before making the application, the police officer amended by must prepare an affidavit setting out the grounds No. 37/2014 on which the order is sought, but may, if s. 10(Sch. item 36.30(b)). necessary, make the application before the affidavit has been sworn. S. 464W(3) (3) If transmission by facsimile machine is available, amended by the police officer must transmit a copy of the No. 37/2014 affidavit, whether sworn or unsworn, to the s. 10(Sch. item 36.30(b)). magistrate or Children's Court magistrate constituting the court that is to hear the application by telephone. (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.
(b) 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. (8) A sample taken in accordance with an interim order must not be analysed before the final determination of the application. S. 464W inserted by No. 84/1989 s. 5, amended by Nos 84/1989 ss 7(k), 8(b), 8/1991 s. 22(1)(a)–(d), substituted by No. 129/1993 s. 7. 464W Application by telephone for interim order S. 464W(1) amended by No. 37/2014 s. 10(Sch. item 36.30(a)). (1) A police officer making an application by telephone for an interim order must make the application in accordance with this section. S. 464W(2) amended by No. 37/2014 s. 10(Sch. item 36.30(b)). (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. S. 464W(3) amended by No. 37/2014 s. 10(Sch. item 36.30(b)). (3) If transmission by facsimile machine is available, the police officer must transmit a copy of the affidavit, whether sworn or unsworn, to the magistrate or Children's Court magistrate constituting the court that is to hear the application by telephone. (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.
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