Document ID: chunk:federal_register_of_legislation:F2020L01714:reg:9:p2
Version: federal_register_of_legislation:F2020L01714
Segment Type: reg
Provision Reference: reg 9 (pt 2/3)
Character Range: 9222–12013

of the Act includes a right to make a complaint in relation to any contravention of this instrument; and
 (c) inform the subject of the use which may be made of any information given, or record or other thing produced, by the subject, including any derivative use for the purpose of criminal investigations.
 (8) The prescribed authority must satisfy themselves that the subject has understood the explanations given to the subject under sections 34DC and 34DD of the Act, and subsection (7).
 (9) If the subject has a known vulnerability (including a physical, sensory, intellectual or psychiatric disability, or medical condition) which may be relevant to their understanding of the explanations referred to in subsection (8), the prescribed authority may at any time obtain advice from an appropriate medical practitioner or psychologist to satisfy themselves that the subject will understand, or has understood, the explanations.
  Conditions of questioning
 (10) The subject and, if applicable, a minor's representative for the subject must have access to fresh drinking water and clean toilet and sanitary facilities at all times during questioning and the subject and minor's representative must be permitted to use the toilet and sanitary facilities in private as required.
 (11) If food is provided to the subject or a minor's representative, the food must meet dietary requirements of the subject or minor's representative.
 (12) Where the subject of a minor questioning warrant or adult questioning warrant has been questioned for at least 4 hours in total, they, and where applicable a minor's representative, are to be provided with food.
 (13)  The subject of an adult questioning warrant must not be questioned continuously for more than 4 hours without being offered a break.
Note: In accordance with paragraph 34BD(2)(b) of the Act, the subject of a minor questioning warrant can only be questioned for continuous periods of 2 hours or less without a break.
 (14) A break as required by subsection (13) or paragraph 34BD(2)(b) of the Act must be at least 30 minutes in duration.
 (15) Despite subsections (13) and (14), the subject may, at any time:
 (a) in the case of an adult questioning warrant – elect to forego a break; or
 (b) in the case of an adult questioning warrant or minor questioning warrant – elect to take a break shorter than 30 minutes;
  provided the prescribed authority is satisfied that this election is entirely voluntary.
 (16)  The subject of an adult questioning warrant or minor questioning warrant must be given a break of sufficient duration in any 24 hour period of questioning to ensure they have an opportunity for an appropriate amount of continuous and undisturbed sleep, having regard to the subject's age.
 (17)  The amount of continuous