Document ID: chunk:federal_register_of_legislation:C2004A01339:clause:1_23ca:p1
Version: federal_register_of_legislation:C2004A01339
Segment Type: clause
Provision Reference: sch 1 cl 23CA (pt 1/3)
Character Range: 8749–11452

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