Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34a:p2
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34A (pt 2/5)
Character Range: 12638–15334

a prescribed authority for questioning under the warrant immediately after the subject is given notice of the requirement in accordance with section 34BH.
imminent:
 (a) a charge against a person is imminent if:
 (i) the person is under arrest for an offence, but has not been charged with the offence; or
 (ii) a person with authority to commence a process for prosecuting the person for an offence has decided to commence, but not yet commenced, the process; or
 (b) a confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but not yet commenced, the proceeding.
Note: Subparagraph (a)(ii) applies, for example, if a person with authority to lay the charge has decided to lay, but not yet laid, the charge.
lawyer means a person who:
 (a) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and
 (b) holds a practising certificate granted under a law of a State or Territory.
minor questioning matter means a matter that relates to the protection of, and of the people of, the Commonwealth and the several States and Territories from politically motivated violence, whether directed from, or committed within, Australia or not.
minor questioning warrant means a warrant issued under section 34BB (including such a warrant as varied under section 34BG).
minor's representative, for the subject of a minor questioning warrant, has the meaning given by section 34AA.
permitted questioning period has the meaning given by subsection 34DJ(3).
police officer means any of the following:
 (a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);
 (b) a special member of the Australian Federal Police (within the meaning of that Act);
 (c) a member of the police force or police service of a State or Territory.
post‑charge:
 (a) a use or disclosure of questioning material or derivative material is a post‑charge use or disclosure if the use or disclosure happens at a time when:
 (i) the subject for the material has been charged with a related offence and that charge is still to be resolved; or
 (ii) such a charge is imminent; or
 (b) material is post‑charge questioning material if the material becomes questioning material at a time when:
 (i) the subject for the material has been charged with a related offence and that charge is still to be resolved; or
 (ii) such a charge is imminent; or
 (c) questioning under a questioning warrant is post‑charge questioning if the questioning commences at a time when:
 (i) the subject of the warrant has been charged with a related offence and that charge is still to be