Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34bg:p1
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34BG (pt 1/2)
Character Range: 48524–51309

34BG  Variation of questioning warrant

Request for variation
 (1) The Attorney‑General may, on request by the Director‑General, vary a questioning warrant.
 (2) The request may be made:
 (a) in writing; or
 (b) if the Director‑General reasonably believes that the delay caused by making a written request may be prejudicial to security—orally in person, or by telephone or other means of communication.
 (3) The request must include the facts and other grounds on which the Director‑General considers it necessary that the warrant should be varied.

Requirements for oral requests
 (4) If a request under subsection (1) is to be made orally, the Director‑General must, before or as soon as practicable after the request is made, notify the Inspector‑General of Intelligence and Security that the request will be or has been made.
 (5) If a request under subsection (1) is made orally, the Director‑General must:
 (a) make a written record of the request that includes:
 (i) the day and time the request is made; and
 (ii) the reasons why the Director‑General believes that the delay caused by making a written request may be prejudicial to security; and
 (iii) the matter mentioned in subsection (3); and
 (iv) whether the request is to vary the warrant to include an immediate appearance requirement; and
 (v) whether the request is to vary the warrant to authorise the apprehension of the subject of the warrant; and
 (vi) any other matter the Director‑General considers relevant; and
 (b) as soon as practicable, and no later than 48 hours after the request is made, provide the written record to:
 (i) the Attorney‑General; and
 (ii) the Inspector‑General of Intelligence and Security.

Issue of variation
 (6) The variation may be issued:
 (a) by means of a written document signed by the Attorney‑General; or
 (b) if the Attorney‑General is satisfied that there are reasonable grounds on which to believe that the delay caused by issuing a written variation may be prejudicial to security—orally in person, or by telephone or other means of communication.
 (7) If the variation is issued orally, the Director‑General must cause a written record of the variation to be made as soon as practicable, and no later than 48 hours after the variation is issued.

Limits on variation
 (8) If the variation extends, or further extends, the period during which the warrant is in force, the total period during which the warrant is in force must not exceed 28 days.

Warrant may be varied more than once
 (9) A questioning warrant may be varied more than once under this section.

Written variations and records not legislative instruments
 (10) The following are not legislative instruments:
 (a) a document referred to in paragraph (6)(a);
 (b) a written record referred to in subsection