Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34a:p4
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34A (pt 4/5)
Character Range: 17628–20497

commences at a time when:
 (i) the subject of the warrant has not been charged with a related offence, and such a charge is not imminent; or
 (ii) all such charges have been resolved.
pre‑confiscation application:
 (a) a use or disclosure of questioning material or derivative material is a pre‑confiscation application use or disclosure if the use or disclosure happens at a time when:
 (i) a related confiscation proceeding has not commenced against the subject for the material, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved; or
 (b) material is pre‑confiscation application questioning material if the material becomes questioning material at a time when:
 (i) a related confiscation proceeding has not commenced against the subject for the material, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved; or
 (c) questioning under a questioning warrant is pre‑confiscation application questioning if the questioning commences at a time when:
 (i) a related confiscation proceeding has not commenced against the subject of the warrant, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved.
prescribed authority means a person appointed under subsection 34AD(1).
proceeds of crime authority means:
 (a) a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002; or
 (b) an authority of a State or Territory responsible for conducting a confiscation proceeding under a corresponding law (within the meaning of the Proceeds of Crime Act 2002).
prosecuting authority means an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence.
prosecutor, of the subject of a questioning warrant, means an individual:
 (a) who is a prosecuting authority or is employed or engaged by a prosecuting authority; and
 (b) who:
 (i) makes, or is involved in the making of, a decision whether to prosecute the subject for a related offence; or
 (ii) is one of the individuals engaging in such a prosecution of the subject.
questioning material has the meaning given by subsection 34AB(1).
questioning warrant means:
 (a) an adult questioning warrant; or
 (b) a minor questioning warrant.
record has the same meaning as in Division 2.
related confiscation proceeding, for questioning material, derivative material or the subject of a questioning warrant, means a confiscation proceeding if the subject matter of the relevant questioning relates to the subject matter of the proceeding.
related offence, for questioning material, derivative material or the subject of a questioning warrant, means an offence if the subject matter of the relevant questioning relates to the subject matter of the offence.
resolved, in relation to a charge or a confiscation proceeding, has the meaning