Document ID: chunk:federal_register_of_legislation:C2004A01339:clause:1_23cb:p2
Version: federal_register_of_legislation:C2004A01339
Segment Type: clause
Provision Reference: sch 1 cl 23CB (pt 2/3)
Character Range: 16814–19569

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

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

Decision about specifying period

 (7) The magistrate, justice of the peace or bail justice 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 person, or his or her legal representative, has been given the opportunity to make representations about the application.

Instrument specifying period

 (8) 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.

 (9) The magistrate, justice of the peace or bail justice 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 means described in paragraph (4)(c)—inform the investigating official of the matters included in the instrument.

Evidentiary provisions if application was made by telephone, fax etc.

 (10) 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, justice of the peace or bail justice and the particulars given by him or her; and
 (b) forward it to the magistrate, justice of the peace or bail justice.

 (11) 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, justice of the peace or bail justice, the specification of the period is taken to have had no effect.

 (12) In any proceedings, if the instrument signed by the magistrate, justice of the peace or bail justice is not produced