National Security Legislation Amendment Act 2010 (127 of 2010)

Schedule 3   Investigation of Commonwealth offences

Crimes Act 1914

10   Subsections 23C(2) and (3)

Repeal the subsections, substitute:

(2) The person may, while arrested for the Commonwealth offence, be detained for the purpose of investigating either or both of the following:

(a) whether the person committed the offence;

(b) whether the person committed another Commonwealth offence that an investigating official reasonably suspects that the person has committed.

(2A) Subsection (2) ceases to apply at the end of the investigation period, but that cessation does not affect any other power to detain the person.

(3) If the person is not released within the investigation period, the person must be brought before a judicial officer within the investigation period or, if it is not practicable to do so within the investigation period, as soon as practicable after the end of the investigation period.