(4) An application for an interim order must be
made--
(a) in person, or
(b) if it is not practicable to make the application
in person and there are facsimile facilities readily available--by facsimile,
or
(c) if it is not practicable to make the application in person and there
are no facsimile facilities readily available--by telephone, radio, telex,
email or other means of communication.
(4A) An authorised officer must not
issue an interim order on an application made by facsimile, telephone, radio,
telex, email or other means of written communication unless the
authorised officer is satisfied that the interim order is required urgently
and that it is not practicable for the application to be made in person.
(5)
If the suspect (being a child or an incapable person, or being a person who
identifies as an Aboriginal person or Torres Strait Islander) is in the
presence of the authorised applicant when an application for an interim order
is made--
(6) At
the beginning of any hearing in relation to proceedings on an application for
an order under this Division, the suspect (if present) must be asked whether
he or she identifies as an Aboriginal person or Torres Strait Islander.
(9) If an application is not made in
person, the application must be supported by evidence on oath or by affidavit
dealing with the matters referred to in section 32 (1) as soon as practicable
after the making of the application and before any interim order made as a
result of the application is confirmed or disallowed.