CRIMES ACT 1914 SECT 23E

(1)

An application under section 23D for extension of the investigation period may be made by telephone, radio or radio-telephone in accordance with this section.

(2)

Before making the application, the investigating official must tell the person under arrest that he or she, or his or her legal representative, may make representations to the judicial officer about the application.

(3)

The judicial officer must, if satisfied as required by subsection 23D(4):

(a)

complete and sign a written authority to extend the investigation period, recording the following particulars:

(i)

the date and time of granting the authority;

(ii)

the reasons for granting it;

(iii)

the terms of the extension; and

(b)

inform the investigating official of those particulars.

(4)

As soon as practicable after receiving the authority, the investigating official must:

(a)

complete a form of authority and write on it the name of the judicial officer and the particulars given by the judicial officer; and

(b)

forward it to the judicial officer.

(5)

If the form of authority completed by the investigating official does not, in all material respects, accord with the terms of the authority signed by the judicial officer, the authority granted by the judicial officer is taken to have had no effect.

(6)

In any proceedings, if the authority signed by the judicial officer is not produced in evidence, the burden lies on the prosecution to prove that the authority was granted.

(7)

In this section: