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 23DD   Time during which suspension or delay of questioning may be disregarded - time specified by magistrate  

(1)    
This section applies if:

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

(b) an application has been made under subsection 23DC(2) to a magistrate in respect of the person.

Specification of period

(2)    
The magistrate may, by signed instrument, specify a period starting at the time the instrument is signed, if satisfied that:

(a) it is appropriate to do so, having regard to:

(i) the application; and

(ii) the representations (if any) made by the person, or his or her legal representative, about the application; and

(iii) any other relevant matters; and

(b) the offence is a terrorism offence; and

(c) 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

(d) the investigation into the offence is being conducted properly and without delay; and

(e) the application has been authorised by an authorising officer; and

(f) the person, or his or her legal representative, has been given the opportunity to make representations about the application.

Instrument specifying period

(3)    
Subject to subsection (4), the instrument must:

(a) specify the period as a number (which may be less than one) of hours; and

(b) set out the day and time when it was signed; and

(c) set out the reasons for specifying the period.

(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 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 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).