Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34f:p2
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34F (pt 2/2)
Character Range: 11118–13151

warrant to produce.
The Minister may make his or her consent subject to changes being made to the draft request.

 (5) In consenting to the making of a request, the Minister must ensure that the warrant to be requested is to permit the person to contact a single lawyer of the person's choice (subject to section 34ZO) at any time that:
 (a) is a time while the person is in detention in connection with the warrant; and
 (b) is after:
 (i) the person has been brought before a prescribed authority for questioning; and
 (ii) the person has informed the prescribed authority, in the presence of a person exercising authority under the warrant, of the identity of the lawyer whom the person proposes to contact; and
 (iii) a person exercising authority under the warrant has had an opportunity to request the prescribed authority to direct under section 34ZO that the person be prevented from contacting the lawyer.

 (6) If, before the Director‑General seeks the Minister's consent to the request (the proposed request), the person has been detained under this Division in connection with one or more warrants (the earlier warrants) issued under this Division:
 (a) the Minister must take account of those facts in deciding whether to consent; and
 (b) the Minister may consent only if the Minister is satisfied that the issue of the warrant to be requested is justified by information that is additional to or materially different from that known to the Director‑General at the time the Director‑General sought the Minister's consent to request the issue of the last of the earlier warrants issued before the seeking of the Minister's consent to the proposed request.
This subsection has effect in addition to subsection (4).

Form of request

 (7) If the Minister has consented under subsection (4), the Director‑General may request the warrant by giving an issuing authority:
 (a) a request that is the same as the draft request except for the changes (if any) required by the Minister; and
 (b) a copy of the Minister's consent.