(b) reasonably suspected of having committed S. 464B(1)(b) an offence (being, in the case of an amended by Nos 86/2000 application in respect of a child, an s. 4(1)(c), indictable offence), whether in Victoria or 72/2013 s. 4(1). elsewhere, other than the offence for which he or she is being held— be delivered into the custody of the investigating official for the purpose of questioning or investigation in respect of the first-mentioned offence. (2) An application under subsection (1) must— (a) be in writing; and (b) state the grounds on which the application is made; and (c) be served on the person who is the subject of S. 464B(2)(c) amended by the application by delivering a true copy of No. 86/2000 the application— s. 4(2)(a). (i) to the person personally; or (ii) to the person in charge of the place S. 464B(2) (c)(ii) where the person is being held or substituted by detained. No. 86/2000 s. 4(2)(b). (3) At any time after the filing of an application under S. 464B(3) amended by subsection (1), the Magistrates' Court or Nos 56/1989 Children's Court (as the case may be) may order s. 286(Sch. 2 item 7.6), that the person who is the subject of the 86/2000 application be brought before the court for the s. 4(3). hearing of the application under subsection (1). (4) While an order made under subsection (3) is being carried out, the person is to be taken to be in the legal custody of the person acting under the order. (4A) The Magistrates' Court or the Children's Court S. 464B(4A) inserted by (as the case may be) must not hear or determine No. 86/2000 an application under subsection (1) unless the s. 4(4).
S. 464B(1)(b) amended by Nos 86/2000 s. 4(1)(c), 72/2013 s. 4(1). (b) reasonably suspected of having committed an offence (being, in the case of an application in respect of a child, an indictable offence), whether in Victoria or elsewhere, other than the offence for which he or she is being held— be delivered into the custody of the investigating official for the purpose of questioning or investigation in respect of the first-mentioned offence. (2) An application under subsection (1) must— (a) be in writing; and (b) state the grounds on which the application is made; and S. 464B(2)(c) amended by No. 86/2000 s. 4(2)(a). (c) be served on the person who is the subject of the application by delivering a true copy of the application— (i) to the person personally; or S. 464B(2) (c)(ii) substituted by No. 86/2000 s. 4(2)(b). (ii) to the person in charge of the place where the person is being held or detained. S. 464B(3) amended by Nos 56/1989 s. 286(Sch. 2 item 7.6), 86/2000 s. 4(3). (3) At any time after the filing of an application under subsection (1), the Magistrates' Court or Children's Court (as the case may be) may order that the person who is the subject of the application be brought before the court for the hearing of the application under subsection (1). (4) While an order made under subsection (3) is being carried out, the person is to be taken to be in the legal custody of the person acting under the order. S. 464B(4A) inserted by No. 86/2000 s. 4(4). (4A) The Magistrates' Court or the Children's Court (as the case may be) must not hear or determine an application under subsection (1) unless the
58-6231a249D.docx