Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34c:p2
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34C (pt 2/3)
Character Range: 13300–16095

thing the person may be requested in accordance with the warrant to produce.
The Minister may make his or her consent subject to changes being made to the draft request.

 (3A) The adopting acts in relation to a written statement of procedures to be followed in the exercise of authority under warrants issued under section 34D are as follows:
 (a) consultation of the following persons by the Director‑General about making such a statement:
 (i) the Inspector‑General of Intelligence and Security;
 (ii) the Commissioner of Police appointed under the Australian Federal Police Act 1979;
 (b) making of the statement by the Director‑General after that consultation;
 (c) approval of the statement by the Minister;
 (d) presentation of the statement to each House of the Parliament;
 (e) briefing (in writing or orally) the Parliamentary Joint Committee on ASIO, ASIS and DSD (whether before or after presentation of the statement to each House of the Parliament).

 (3B) In consenting to the making of a request to issue a warrant authorising the person to be taken into custody immediately, brought before a prescribed authority immediately for questioning and detained, the Minister must ensure that the warrant to be requested is to permit the person to contact a single lawyer of the person's choice (subject to section 34TA) at any time that:
 (a) is a time while the person is in detention in connection with the warrant; and
 (b) is after:
 (i) the person has been brought before a prescribed authority for questioning; and
 (ii) the person has informed the prescribed authority, in the presence of a person exercising authority under the warrant, of the identity of the lawyer whom the person proposes to contact; and
 (iii) a person exercising authority under the warrant has had an opportunity to request the prescribed authority to direct under section 34TA that the person be prevented from contacting the lawyer.

 (3D) If, before the Director‑General seeks the Minister's consent to the request (the proposed request), the person has been detained under this Division in connection with one or more warrants (the earlier warrants) issued under section 34D, and the proposed request is for a warrant meeting the requirement in paragraph 34D(2)(b):
 (a) the Minister must take account of those facts in deciding whether to consent; and
 (b) the Minister may consent only if the Minister is satisfied that the issue of the warrant to be requested is justified by information that is additional to or materially different from that known to the Director‑General at the time the Director‑General sought the Minister's consent to request the issue of the last of the earlier warrants issued before the seeking of the Minister's consent to the proposed request.
This subsection has effect