Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23c:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23C (pt 1/2)
Character Range: 1011472–1014204

23C  Period of investigation if arrested for a non‑terrorism offence
 (1) If a person is arrested for a Commonwealth offence (other than a terrorism offence), the following provisions apply.
Note: A person would not be arrested for a Commonwealth offence if, for example, the person has been released under subsection 3W(2)—see the definition of arrested in subsection 23B(1).
 (2) The person may, while arrested for the Commonwealth offence, 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 Commonwealth offence that an investigating official reasonably suspects that the person has committed.
 (2A) Subsection (2) ceases to apply at the end of the investigation period, but that cessation does not affect any other power to detain the person.
 (3) If the person is not released within the investigation period, the person must be brought before a bail authority within the investigation period or, if it is not practicable to do so within the investigation period, as soon as practicable after the end of the investigation period.
 (4) For the purposes of this section, but subject to subsections (6) and (7), 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 23DB.
 (6A) 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