Div 2 heading and note inserted by No 136 of 2001, s 3 and Sch 4 item 21, effective 29 October 2001.

Subdiv A (heading) inserted by No 127 of 2010, s 3 and Sch 3 item 8, effective 25 November 2010. For application provisions, see note under definition of " arrested " in s 23B(1) .

S 23D and 23DA substituted for 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 23CA formerly read:

SECTION 23CA Period of arrest if arrested for terrorism offence  
(1)
If a person is arrested for a terrorism offence, the following provisions apply.

(2)
The person may 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 terrorism offence that an investigating official reasonably suspects the person to have committed;

but must not be detained for that purpose, or for purposes that include that purpose, after the end of the investigation period prescribed by this section.

(3)
The person must be:

(a) released (whether unconditionally or on bail) within the investigation period; or

(b) brought before a judicial officer within that period or, if it is not practicable to do so within that period, as soon as practicable after the end of that period.

Note:

For judicial officer , see subsection (10).

(4)
For the purposes of this section, but subject to subsections (6) and (8), the investigation period begins when the person is arrested, and ends at a time thereafter that is reasonable, having regard to all the circumstances, but does not extend beyond:

(a) if the person is or appears to be under 18, an Aboriginal person or a Torres Strait Islander - 2 hours; or

(b) in any other case - 4 hours;

after the arrest, unless the period is extended under section 23DA .

(5)
In ascertaining any period of time for the purposes of this section, regard shall be had to the number and complexity of matters being investigated.

(6)
If the person has been arrested more than once within any period of 48 hours, the investigation period for each arrest other than the first is reduced by so much of any of the following periods as occurred within that 48 hours:

(a) any earlier investigation period or periods under this section;

(b) any earlier investigation period or periods under section 23C .

(7)
However, in relation to each first arrest, disregard subsection (6) for any later arrest if:

(a) the later arrest is for a Commonwealth offence:

(i) that was committed after the end of the person's period of detention under this Part for the first arrest; or

(ii) that arose in different circumstances to those in which any Commonwealth offence to which the first arrest relates arose, and for which new evidence has been found since the first arrest; and

(b) the person's questioning associated with the later arrest does not relate to:

(i) a Commonwealth offence to which the first arrest relates; or

(ii) the circumstances in which such an offence was committed.

(8)
In ascertaining any period of time for the purposes of subsection (4) or (6), the following times are to be disregarded:

(a) the time (if any) that is reasonably required to convey the person from the place at which the person is arrested to the nearest premises at which the investigating official has access to facilities for complying with this Part;

(b) any time during which the questioning of the person is suspended or delayed to allow the person, or someone else on the person's behalf, to communicate with a legal practitioner, friend, relative, parent, guardian, interpreter or other person as provided by this Part;

(c) any time during which the questioning of the person is suspended or delayed to allow such a legal practitioner, friend, relative, parent, guardian, interpreter or other person to arrive at the place where the questioning is to take place;

(d) any time during which the questioning of the person is suspended or delayed to allow the person to receive medical attention;

(e) any time during which the questioning of the person is suspended or delayed because of the person's intoxication;

(f) any time during which the questioning of the person is suspended or delayed to allow for an identification parade to be arranged and conducted;

(g) any time during which the questioning of the person is suspended or delayed in order to allow the making of an application under section 3ZQB or the carrying out of a prescribed procedure within the meaning of Division 4A of Part IAA ;

(h) the time (if any) that is reasonably required in connection with making and disposing of an application under section 23CB , 23DA , 23WU or 23XB ;

(i) any time during which the constable is informing the person of matters specified in section 23WJ ;

(j) any reasonable time during which the questioning of the person is suspended or delayed to allow the person to rest or recuperate;

(k) any time during which a forensic procedure is being carried out on the person by order of a magistrate under Division 5 of Part ID ;

(l) any time during which the questioning of the person is suspended or delayed, if section 23XGD applies and that time is to be disregarded in working out a period of time for the purposes of that section;

(m) any reasonable time that:

(i) is a time during which the questioning of the person is reasonably suspended or delayed; and

(ii) is within a period specified under section 23CB .

(9)
In any proceedings, the burden lies on the prosecution to prove that:

(a) the person was brought before a judicial officer as soon as practicable; or

(b) any particular time was covered by a provision of subsection (8).

(10)
In this section:

judicial officer
means any of the following:

(a) a magistrate;

(b) a justice of the peace;

(c) a person authorised to grant bail under the law of the State or Territory in which the person was arrested.

S 23CA inserted by No 104 of 2004, s 3 and Sch 1 item 5, effective 30 June 2004.