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 C - Miscellaneous

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SECTION 23E Evidentiary provisions if application made by electronic means

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(1)

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This section applies if a magistrate has, under paragraph 23DA(5)(b) , 23DD(5)(b) or 23DF(5)(b) , informed an investigating official of matters included in an instrument.

(2)

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As soon as practicable after being informed of those matters, the investigating official must:

(a) complete a form of the instrument and write on it the name of the magistrate and the particulars given by him or her; and

(b) forward it to the magistrate.

(3)

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If the form of the instrument completed by the investigating official does not, in all material respects, accord with the terms of the instrument signed by the magistrate, the instrument is taken to have had no effect.

(4)

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In any proceedings, if the instrument signed by the magistrate is not produced in evidence, the burden lies on the prosecution to prove that the instrument was made.

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History

S 23E inserted by No 127 of 2010, s 3 and Sch 3 item 16, effective 25 November 2010. For application provisions, see note under definition of " arrested " in s 23B(1) .

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 23E formerly read:

SECTION 23E Applications by telephone etc.
(1)
An application under section 23D or 23DA for extension of the investigation period may be made by telephone, telex, fax or other electronic means in accordance with this section.
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History

S 23E(1) amended by No 104 of 2004, s 3 and Sch 1 item 8, by inserting ``or 23DA ' ' after ``23D ' ' , effective 30 June 2004.

S 23E(1) amended by No 136 of 2001, s 3 and Sch 4 item 34, by substituting ``telex, fax or other electronic means ' ' for ``radio or radio-telephone ' ' , effective 29 October 2001.

(2)
Before making the application, the investigating official must inform the person under arrest that he or she, or his or her legal representative, may make representations to the judicial officer about the application.
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History

S 23E(2) amended by No 136 of 2001, s 3 and Sch 4 item 35, by substituting ``inform ' ' for ``tell ' ' , effective 29 October 2001.

(3)
If the judicial officer extends the investigation period, he or she must inform the investigating official of the matters set out in the authority under subsection 23D(4A) or 23DA(5) (as the case requires).
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History

S 23E(3) amended by No 104 of 2004, s 3 and Sch 1 item 9, by inserting ``or 23DA(5) (as the case requires) ' ' , effective 30 June 2004.

S 23E(3) substituted by No 136 of 2001, s 3 and Sch 4 item 37, effective 29 October 2001. S 23E(3) formerly read:

(3)
The judicial officer must, if satisfied as required by subsection 23D(4) :

(a) complete and sign a written authority to extend the investigation period, recording the following particulars:

(i) the date and time of granting the authority;

(ii) the reasons for granting it;

(iii) the terms of the extension; and

(b) inform the investigating official of those particulars.

(4)
As soon as practicable after being informed of those matters, the investigating official must:

(a) complete a form of authority and write on it the name of the judicial officer and the particulars given by the judicial officer; and

(b) forward it to the judicial officer.
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History

S 23E(4) amended by No 136 of 2001, s 3 and Sch 4 item 38, by substituting ``being informed of those matters ' ' for ``receiving the authority ' ' , effective 29 October 2001.

(5)
If the form of authority completed by the investigating official does not, in all material respects, accord with the terms of the authority signed by the judicial officer, the authority granted by the judicial officer is taken to have had no effect.

(6)
In any proceedings, if the authority signed by the judicial officer is not produced in evidence, the burden lies on the prosecution to prove that the authority was granted.

(7)
(Repealed by No 136 of 2001)
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History

S 23E(7) repealed by No 136 of 2001, s 3 and Sch 4 item 39, effective 29 October 2001. S 23E(7) formerly read:

(7)
In this section:
judicial officer
means the magistrate or justice of the peace, as the case may be, to whom the application is made under section 23D .

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