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.

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Subdivision A - Non-terrorism offences

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SECTION 23DA Magistrate may extend investigation period

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(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.

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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History

S 23D and 23DA substituted for s 23CA to 23E by No 127 of 2010, s 3 and Sch 3 item 15, effective 25 November 2010. For application provisions, see note under definition of " arrested " in s 23B(1) . S 23DA formerly read:

SECTION 23DA Extension of investigation period if arrested for terrorism offence
(1)
If a person is under arrest for a terrorism offence, an investigating official may, at or before the end of the investigation period, apply for an extension of the investigation period.

(2)
The application must be made to:

(a) a magistrate; or

(b) if it cannot be made at a time when a magistrate is available - a justice of the peace employed in a court of a State or Territory or a bail justice; or

(c) if it cannot be made when any of the foregoing is available - any justice of the peace.
The magistrate, justice of the peace or bail justice to whom the application is made is the judicial officer for the purposes of this section and section 23E .

(3)
The application may be made before the judicial officer, or in writing, or as prescribed by section 23E , and the person or his or her legal representative may make representations to the judicial officer about the application.

(4)
Subject to subsection (7), the judicial officer may extend the investigation period, by signed written authority, if satisfied that:

(a) the offence is 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 terrorism 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.

(5)
The authority 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.

(6)
The judicial officer must give the investigating official a copy of the authority as soon as practicable after signing the authority.

(7)
The investigation period may be extended any number of times, but the total of the periods of extension cannot be more than 20 hours.

S 23DA inserted by No 104 of 2004, s 3 and Sch 1 item 7, effective 30 June 2004.

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