CRIMES ACT 1914 SECT 23D

(1)

If a person is under arrest for a serious 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.

(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 (5), the judicial officer may extend the investigation period if satisfied that:

(a)

the offence is a serious 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 serious 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 investigation period may be extended for a period not exceeding 8 hours, and must not be extended more than once.

(6)

In this section: