Document ID: chunk:federal_register_of_legislation:C2004A01339:clause:1_23cb:p1
Version: federal_register_of_legislation:C2004A01339
Segment Type: clause
Provision Reference: sch 1 cl 23CB (pt 1/3)
Character Range: 14237–17074

23CB  Specifying time during which suspension or delay of questioning may be disregarded

 (1) This section applies if the person mentioned in paragraph 23CA(8)(m) is detained under subsection 23CA(2) for the purpose of investigating whether the person committed a terrorism offence.

Note: The person may be detained under subsection 23CA(2) for the purpose of investigating whether the person committed a terrorism offence, whether the person was arrested for that terrorism offence or a different terrorism offence.

Application for specification of period

 (2) At or before the end of the investigation period, an investigating official may apply for a period to be specified for the purpose of subparagraph 23CA(8)(m)(ii).

 (3) 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.

 (4) The application may be made:
 (a) in person before the magistrate, justice of the peace or bail justice; or
 (b) in writing; or
 (c) by telephone, telex, fax or other electronic means.
However, before making the application by means described in paragraph (c), the investigating official must inform the person that the person, or his or her legal representative, may make representations to the magistrate, justice of the peace or bail justice about the application.

 (5) The application must include statements of all of the following:
 (a) whether it appears to the investigating official that the person is under 18;
 (b) whether it appears to the investigating official that the person is an Aboriginal person or a Torres Strait Islander;
 (c) the reasons why the investigating official believes the period should be specified, which may, for example, be or include one or more of the following:
 (i) the need to collate and analyse information relevant to the investigation from sources other than the questioning of the person (including, for example, information obtained from a place outside Australia);
 (ii) the need to allow authorities in or outside Australia (other than authorities in an organisation of which the investigating official is part) time to collect information relevant to the investigation on the request of the investigating official;
 (iii) the fact that the investigating official has requested the collection of information relevant to the investigation from a place outside Australia that is in a 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