Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23c:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23C (pt 2/2)
Character Range: 1013970–1016363

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.
 (7) In ascertaining any period of time for the purposes of subsection (4) or (6), disregard any reasonable time during which the questioning of the person is suspended, or delayed, for one or more of the following reasons:
 (a) to allow the person to be conveyed 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) 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) 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) to allow the person to receive medical attention;
 (e) because of the person's intoxication;
 (f) to allow for an identification parade to be arranged and conducted;
 (g) 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) to allow the making and disposing of an application under section 23D, 23WU or 23XB;
 (i) to allow a constable to inform the person of matters specified in section 23WJ;
 (j) to allow the person to rest or recuperate;
 (k) to allow a forensic procedure to be carried out on the person by order of a magistrate under Division 5 of Part ID;
 (l) because section 23XGD applies and the time is to be disregarded in working out a period of time for the purposes of that section.
 (7A) To avoid doubt, subsection (7) does not prevent the person being questioned during a time covered by a paragraph of subsection (7), but if the person is questioned during such a time, the time is not to be disregarded.

Evidentiary provision
 (8) In any proceedings, the burden lies on the prosecution to prove that:
 (a) the person was brought before a bail authority as soon as practicable; or
 (b) any particular time was covered by a provision of subsection (7).