CRIMES ACT 1914

Part IC - Investigation of Commonwealth offences  

Division 2 - Powers of detention  

Note:

The powers in this Division only apply in relation to people under arrest. They do not apply in relation to protected suspects.

Subdivision B - Terrorism offences  

SECTION 23DE   Application may be made for extension of investigation period  

(1)  
If a person is arrested for a terrorism offence, an investigating official (within the meaning of paragraph (a) or (b) of the definition of that expression) may, at or before the end of the investigation period, apply, in writing, to a magistrate for an extension of the investigation period.

(2)  
The application must not be made unless the application is authorised, in writing, by an authorising officer.

(3)  
Subject to subsection (4), the application must include statements of all of the following:


(a) whether it appears to the investigating official that the person is under 18;


(b) whether it appears to the investigating official that the person is an Aboriginal person or a Torres Strait Islander;


(c) the outcome of any previous application under this section in relation to the person and the investigation period;


(d) the period (if any) by which the investigation period has been reduced under subsection 23DB(7) ;


(e) the total amount of time (if any) that has been disregarded under subsection 23DB(9) in ascertaining the investigation period;


(f) the maximum amount of time by which the investigation period could be extended;


(g) the reasons why the investigating official believes the investigation period should be extended;


(h) the period by which the investigating official believes the investigation period should be extended.

(4)  
Subsection (3) does not require any information to be included in the application 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)  
Before the application is considered by the magistrate, the investigating official must:


(a) provide a copy of the application to the person or to his or her legal representative; and


(b) inform the person that he or she, or his or her legal representative, may make representations to the magistrate about the application.

(6)  
If the application contains any information of a kind mentioned in subsection (4), the investigating official may remove it from the copy of the application that is provided to the person or to his or her legal representative.

(7)  
The person, or his or her legal representative, may make representations to the magistrate about the application.




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