Document ID: chunk:federal_register_of_legislation:C2004A01339:clause:1_23da
Version: federal_register_of_legislation:C2004A01339
Segment Type: clause
Provision Reference: sch 1 cl 23DA
Character Range: 19917–21915

23DA  Extension of investigation period if arrested for terrorism offence

 (1) If a person is under arrest for a terrorism offence, an investigating official may, at or before the end of the investigation period, apply for an extension of the investigation period.

 (2) The application must be made to:
 (a) a magistrate; or
 (b) if it cannot be made at a time when a magistrate is available—a justice of the peace employed in a court of a State or Territory or a bail justice; or
 (c) if it cannot be made when any of the foregoing is available—any justice of the peace.
The magistrate, justice of the peace or bail justice to whom the application is made is the judicial officer for the purposes of this section and section 23E.

 (3) The application may be made before the judicial officer, or in writing, or as prescribed by section 23E, and the person or his or her legal representative may make representations to the judicial officer about the application.

 (4) Subject to subsection (7), the judicial officer may extend the investigation period, by signed written authority, if satisfied that:
 (a) the offence is a terrorism offence; and
 (b) further 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
 (c) the investigation into the offence is being conducted properly and without delay; and
 (d) the person, or his or her legal representative, has been given the opportunity to make representations about the application.

 (5) The authority must set out:
 (a) the day and time when the extension was granted; and
 (b) the reasons for granting the extension; and
 (c) the terms of the extension.

 (6) The judicial officer must give the investigating official a copy of the authority as soon as practicable after signing the authority.

 (7) The investigation period may be extended any number of times, but the total of the periods of extension cannot be more than 20 hours.