Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34da
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34DA
Character Range: 68386–69598

34DA  Prohibition on possessing certain things during questioning
 (1) This section applies in relation to a person who is at a place where the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant.
Note: This section applies in relation to any person who is at the place, including the subject.
 (2) The person must not possess either of the following while the subject is appearing for questioning:
 (a) a communication device;
 (b) a dangerous item.
 (3) However, this section does not apply in relation to:
 (a) a communication device that is in the possession of:
 (i) an ASIO employee; or
 (ii) an ASIO affiliate; or
 (iii) an IGIS official; or
 (iv) a police officer; or
 (b) a dangerous item that is in the lawful possession of a police officer; or
 (c) a communication device or a dangerous item that is in the possession of the subject, if:
 (i) the device or item is seized under section 34CC, or retained under section 34CE or 34D; and
 (ii) the device or item is returned to the subject for the purpose of complying with a request made by the Organisation in accordance with the warrant; and
 (iii) the possession is solely for that purpose.