Document ID: chunk:federal_register_of_legislation:C2024C00841:section:34ba
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 34BA
Character Range: 217308–218930

34BA  Test for issue of questioning warrant—persons who are at least 18
 (1) If the Director‑General requests the Attorney‑General to do so, the Attorney‑General may issue a warrant in relation to a person under this section if the Attorney‑General is satisfied that:
 (a) the person is at least 18 years old; and
 (b) there are reasonable grounds for believing that the warrant will substantially assist the collection of intelligence that is important in relation to an adult questioning matter; and
 (c) having regard to other methods (if any) of collecting the intelligence that are likely to be as effective, it is reasonable in all the circumstances for the warrant to be issued; and
 (d) if the warrant is a post‑charge, or post‑confiscation application, questioning warrant—it is necessary, for the purposes of collecting the intelligence, for the warrant to be issued even though:
 (i) the person has been charged or the confiscation proceeding has commenced; or
 (ii) that charge or proceeding is imminent; and
 (e) there is in force under section 34AF a written statement of procedures to be followed in the exercise of authority under a questioning warrant.
 (2) Without limiting its effect apart from this subsection, this Act also has the effect it would have if:
 (a) paragraph (1)(d) had not been enacted; or
 (b) paragraph (1)(d) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or
 (c) paragraph (1)(d) were, by express provision, confined to dealing with a confiscation proceeding against the person that has commenced or is imminent.