CRIMES ACT 1914 SECT 23C

(1)

If a person is lawfully arrested for a Commonwealth offence, the following provisions apply.

(2)

The person may be detained for the purpose of investigating whether the person committed the offence or any other Commonwealth offence, 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 magistrate 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.

(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 23D.

(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 earlier investigation period or periods that occurred within that 48 hours.

(7)

In ascertaining any period of time for the purposes of subsection (4) or (6), the following times are to be disregarded:

(a)

the time (if any) that is reasonably required to convey the person from the place at which the person is arrested to the nearest premises at which the investigating official has access to facilities for complying with this Part;

(b)

any time during which the questioning of the person is suspended or delayed to allow the person, or someone else on the person's behalf, to communicate with a legal practitioner, friend, relative, parent, guardian, interpreter or other person as provided by this Part;

(c)

any time during which the questioning of the person is suspended or delayed to allow such a legal practitioner, friend, relative, parent, guardian, interpreter or other person to arrive at the place where the questioning is to take place;

(d)

any time during which the questioning of the person is suspended or delayed to allow the person to receive medical attention;

(e)

any time during which the questioning of the person is suspended or delayed because of the person's intoxication;

(f)

any time during which the questioning of the person is suspended or delayed to allow for an identification parade to be arranged and conducted;

(fa)

any time during which the questioning of the person is suspended or delayed in order to allow the making of an application under section 3ZQB or the carrying out of a prescribed procedure within the meaning of Division 4A of Part 1AA;

(g)

the time (if any) that is reasonably required to make and dispose of an application under section 23D, 23WU or 23XB;

(ga)

any time during which the constable is informing the person of matters specified in section 23WJ;

(h)

any reasonable time during which the questioning of the person is suspended or delayed to allow the person to rest or recuperate;

(i)

any time during which a forensic procedure is being carried out on the person by order of a magistrate under Division 5 of Part 1D;

(j)

any time during which the questioning of the person is suspended or delayed, if section 23XGD applies and that time is to be disregarded in working out a period of time for the purposes of that section.

(8)

In any proceedings, the burden lies on the prosecution to prove that:

(a)

the person was brought before a magistrate as soon as practicable; or

(b)

any particular time was covered by a provision of subsection (7).