Crimes Act 1914
Part IC
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Investigation of Commonwealth offences
Division 2
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Powers of detention
Subdivision A
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Non-terrorism offences
SECTION 23DA
Magistrate may extend investigation period
(1)
This section applies if:
(a) a person is arrested for a serious Commonwealth offence (other than a terrorism offence); and
(b) an application has been made under subsection 23D(1) to a magistrate in respect of the person.
Extension of investigation period
(2)
Subject to subsection (3), the magistrate may extend the investigation period, by signed written instrument, if satisfied that:
(a) the offence is a serious Commonwealth offence (other than a terrorism offence); and
(b) further detention of the person is necessary to preserve or obtain evidence or to complete the investigation into the offence or into another serious Commonwealth offence; and
(c) the investigation into the offence is being conducted properly and without delay; and
(d) the person, or his or her legal representative, has been given the opportunity to make representations about the application.
(3)
Subject to subsection (4), the instrument must set out:
(a) the day and time when the extension was granted; and
(b) the reasons for granting the extension; and
(c) the terms of the extension.
(4)
Subsection (3) does not require any information to be included in the instrument if disclosure of that information is likely:
(a) to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ); or
(b) to be protected by public interest immunity; or
(c) to put at risk ongoing operations by law enforcement agencies or intelligence agencies; or
(d) to put at risk the safety of the community, law enforcement officers or intelligence officers.
(5)
The magistrate must:
(a) give the investigating official a copy of the instrument as soon as practicable after signing it; and
(b) if the instrument was made as a result of an application made by telephone, telex, fax or other electronic means - inform the investigating official of the matters included in the instrument.
(6)
The investigating official must:
(a) as soon as practicable after receiving a copy of the instrument under paragraph (5)(a), give the person, or his or her legal representative, a copy of it; and
(b) if the instrument was made as a result of an application made by telephone, telex, fax or other electronic means - inform the person, or his or her legal representative, of the matters included in the instrument as soon as practicable after being informed of them under paragraph (5)(b).
(7)
The investigation period may be extended for a period not exceeding 8 hours, and must not be extended more than once.
Note:
The powers in this Division only apply in relation to people under arrest. They do not apply in relation to protected suspects.
View history note
Hide history noteThis section applies if:
(a) a person is arrested for a serious Commonwealth offence (other than a terrorism offence); and
(b) an application has been made under subsection 23D(1) to a magistrate in respect of the person.
Extension of investigation period
(2)
Subject to subsection (3), the magistrate may extend the investigation period, by signed written instrument, if satisfied that:
(a) the offence is a serious Commonwealth offence (other than a terrorism offence); and
(b) further detention of the person is necessary to preserve or obtain evidence or to complete the investigation into the offence or into another serious Commonwealth offence; and
(c) the investigation into the offence is being conducted properly and without delay; and
(d) the person, or his or her legal representative, has been given the opportunity to make representations about the application.
(3)
Subject to subsection (4), the instrument must set out:
(a) the day and time when the extension was granted; and
(b) the reasons for granting the extension; and
(c) the terms of the extension.
(4)
Subsection (3) does not require any information to be included in the instrument if disclosure of that information is likely:
(a) to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ); or
(b) to be protected by public interest immunity; or
(c) to put at risk ongoing operations by law enforcement agencies or intelligence agencies; or
(d) to put at risk the safety of the community, law enforcement officers or intelligence officers.
(5)
The magistrate must:
(a) give the investigating official a copy of the instrument as soon as practicable after signing it; and
(b) if the instrument was made as a result of an application made by telephone, telex, fax or other electronic means - inform the investigating official of the matters included in the instrument.
Note:
See section 23E .
(6)
The investigating official must:
(a) as soon as practicable after receiving a copy of the instrument under paragraph (5)(a), give the person, or his or her legal representative, a copy of it; and
(b) if the instrument was made as a result of an application made by telephone, telex, fax or other electronic means - inform the person, or his or her legal representative, of the matters included in the instrument as soon as practicable after being informed of them under paragraph (5)(b).
(7)
The investigation period may be extended for a period not exceeding 8 hours, and must not be extended more than once.
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