Section 23XA — Crimes Act 1914: Interim order for carrying out of a forensic procedure

(1) A magistrate may make an interim order authorising the carrying out of a forensic procedure on a suspect that must be carried out without delay if: (a) subsection 23WR(1) applies; and (b) the magistrate is satisfied that the probative value of evidence obtained as a result of the forensic procedure concerned is likely to be lost or destroyed if there is delay in carrying out the procedure; and (c) the magistrate is satisfied that there is sufficient evidence to indicate that a magistrate is reasonably likely to be satisfied of the existence of the matters referred to in subsection 23WT(1) when the application is finally determined. (2) An interim order operates as provided by this Subdivision until a magistrate, at a hearing held under Subdivision B, confirms the interim order or disallows the interim order. Note: Subsection 23XD(2) requires that an interim order specify the intended date, time and place of the later hearing. (3) Subdivision B applies in relation to an order confirming the interim order in the same way it applies in relation to an order under section 23WS, and an order confirming the interim order is taken to be an order under section 23WS.