Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34ha
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34HA
Character Range: 34328–36118

34HA  Suspension of questioning etc. in response to concern of Inspector‑General of Intelligence and Security

 (1) This section applies if the Inspector‑General of Intelligence and Security is concerned about impropriety or illegality in connection with the exercise or purported exercise of powers under this Division in relation to a person specified in a warrant issued under section 34D.

Note: For example, the Inspector‑General may be concerned because he or she has been present at a questioning under section 34HAB.

 (2) When the person is appearing before a prescribed authority for questioning under the warrant, the Inspector‑General may inform the prescribed authority of the Inspector‑General's concern. If the Inspector‑General does so, he or she must also inform the Director‑General of the concern as soon as practicable afterwards.

 (3) The prescribed authority must consider the Inspector‑General's concern.

 (4) The prescribed authority may give a direction deferring:
 (a) questioning of the person under the warrant; or
 (b) the exercise of another power under this Division that is specified in the direction;
until the prescribed authority is satisfied that the Inspector‑General's concern has been satisfactorily addressed.

Note: The prescribed authority may give directions under section 34F instead or as well. These could:

(a) deal with the Inspector‑General's concern in a way satisfactory to the prescribed authority; or

(b) deal with treatment of the person while questioning is deferred; or

(c) provide for release of the person from detention if the prescribed authority is satisfied that the Inspector‑General's concern cannot be satisfactorily addressed within the remainder of the period for which the person may be detained under the warrant.