Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 23E

             (1)  An application under section 23D or 23DA for extension of the investigation period may be made by telephone, telex, fax or other electronic means in accordance with this section.

             (2)  Before making the application, the investigating official must inform 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)  If the judicial officer extends the investigation period, he or she must inform the investigating official of the matters set out in the authority under subsection 23D(4A) or 23DA(5) (as the case requires).

             (4)  As soon as practicable after being informed of those matters, 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.

Note:       These obligations apply in relation to protected suspects as well as to people under arrest.