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 23DC   Time during which suspension or delay of questioning may be disregarded - application  

(1)    
This section applies if:

(a) a person is arrested for a terrorism offence; and

(b) an investigation is being conducted into whether the person committed that terrorism offence or another terrorism offence.

Application for specification of period

(2)    
At or before the end of the investigation period, an investigating official (within the meaning of paragraph (a) or (b) of the definition of that expression) may apply, in writing, to a magistrate for a period to be specified for the purpose of paragraph 23DB(9)(m) .

(3)    
The application must not be made unless the application is authorised, in writing, by an authorising officer.

(4)    
Subject to subsection (5), 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:

(i) the person and the arrest; and

(ii) if the person was arrested at any time during the period of 48 hours before the arrest - the person and the earlier arrest or arrests;

(d) the total amount of time that has been disregarded under subsection 23DB(9) in ascertaining the investigation period in relation to:

(i) the person and the arrest; and

(ii) if the person was arrested at any time during the period of 48 hours before the arrest - the person and the earlier arrest or arrests;

(e) the reasons why the investigating official believes the period should be specified, which may, for example, be or include one or more of the following:

(i) the need to collate and analyse information relevant to the investigation from sources other than the questioning of the person (including, for example, information obtained from a place outside Australia);

(ii) the need to allow authorities in or outside Australia (other than authorities in an organisation of which the investigating official is part) time to collect information relevant to the investigation on the request of the investigating official;

(iii) the fact that the investigating official has requested the collection of information relevant to the investigation from a place outside Australia that is in a time zone different from the investigating official ' s time zone;

(iv) the fact that translation is necessary to allow the investigating official to seek information from a place outside Australia and/or be provided with such information in a language that the official can readily understand;

(f) the period that the investigating official believes should be specified.

(5)    
Subsection (4) 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.

(6)    
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.

(7)    
If the application contains any information of a kind mentioned in subsection (5), 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.

(8)    
The person, or his or her legal representative, may make representations to the magistrate about the application.