Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34c:p1
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34C (pt 1/3)
Character Range: 10850–13529

34C  Requesting warrants

 (1) The Director‑General may seek the Minister's consent to request the issue of a warrant under section 34D in relation to a person.

 (1A) To avoid doubt, this section operates in relation to a request for the issue of a warrant under section 34D in relation to a person, even if such a request has previously been made in relation to the person.

 (2) In seeking the Minister's consent, the Director‑General must give the Minister a draft request that includes:
 (a) a draft of the warrant to be requested; and
 (b) a statement of the facts and other grounds on which the Director‑General considers it necessary that the warrant should be issued; and
 (c) a statement of the particulars and outcomes of all previous requests for the issue of a warrant under section 34D relating to the person; and
 (d) if one or more warrants were issued under section 34D as a result of the previous requests—a statement of:
 (i) the period for which the person has been questioned under each of those warrants before the draft request is given to the Minister; and
 (ii) if any of those warrants authorised the detention of the person—the period for which the person has been detained in connection with each such warrant before the draft request is given to the Minister.

 (3) The Minister may, by writing, consent to the making of the request, but only if the Minister is satisfied:
 (a) that there are reasonable grounds for believing that issuing the warrant to be requested will substantially assist the collection of intelligence that is important in relation to a terrorism offence; and
 (b) that relying on other methods of collecting that intelligence would be ineffective; and
 (ba) that all of the acts (the adopting acts) described in subsection (3A) in relation to a written statement of procedures to be followed in the exercise of authority under warrants issued under section 34D have been done; and
 (c) if the warrant to be requested is to authorise the person to be taken into custody immediately, brought before a prescribed authority immediately for questioning and detained—that there are reasonable grounds for believing that, if the person is not immediately taken into custody and detained, the person:
 (i) may alert a person involved in a terrorism offence that the offence is being investigated; or
 (ii) may not appear before the prescribed authority; or
 (iii) may destroy, damage or alter a record or 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