Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34v:p1
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34V (pt 1/2)
Character Range: 68134–71023

34V  Conduct of parents etc.

 (1) This section applies in relation to a person (the representative) who:
 (a) is either:
 (i) the parent or guardian of a person (the subject) specified in a warrant issued under section 34D; or
 (ii) another person who meets the requirements in subsection 34NA(7) in relation to the subject; and
 (b) either:
 (i) is or has been contacted by the subject as permitted by the warrant or a direction under paragraph 34F(1)(d); or
 (ii) is or has been present when the subject was before a prescribed authority for questioning under the warrant.

 (2) If a prescribed authority considers the representative's conduct is unduly disrupting questioning of the subject, the authority may direct a person exercising authority under the warrant to remove the representative from the place where the questioning is occurring.

 (3) If the prescribed authority directs the removal of the representative, the prescribed authority must also:
 (a) inform the subject that the subject:
 (i) may request that one of the subject's parents or guardians or one other person who meets the requirements in subsection 34NA(7), other than the representative, be present during the questioning; and
 (ii) may contact a person covered by subparagraph (i) to request the person to be present during the questioning; and
 (b) if the subject requests that one of the subject's parents or guardians, other than the representative, be present during the questioning—direct everyone proposing to question the subject under the warrant not to do so in the absence of the parent or guardian; and
 (c) if the subject does not request that one of the subject's parents or guardians, other than the representative, be present during the questioning—direct everyone proposing to question the subject under the warrant not to do so in the absence of another person (other than the prescribed authority) who meets the requirements in subsection 34NA(7); and
 (d) direct under paragraph 34F(1)(d) that the subject may contact a person covered by subparagraph (a)(i) of this subsection to request the person to be present during the questioning.
Subsection 34F(2) does not prevent the prescribed authority from giving the direction under paragraph 34F(1)(d) in accordance with this subsection.

 (4) The prescribed authority may permit the representative to communicate to another person specified by the authority specified information relating to the questioning or detention of the subject in connection with the warrant.

 (5) The representative commits an offence if:
 (a) while the subject is being detained under this Division in connection with the warrant, the representative communicates to a third person information relating to the questioning or detention of the subject under this Division in connection with the warrant; and
 (b) a prescribed authority has not given permission for