Document ID: chunk:federal_register_of_legislation:F2020L01714:reg:10
Version: federal_register_of_legislation:F2020L01714
Segment Type: reg
Provision Reference: reg 10
Character Range: 12523–15244

10  Where apprehension is authorised
 (1) This section applies if a police officer is authorised to apprehend the subject under a questioning warrant or section 34C of the Act.
 (2) A police officer must make the arrangements for the apprehension, and undertake the apprehension.
 (3) Before the subject is apprehended, the Organisation must take all reasonable steps to ensure the following persons will be present when the subject arrives at the place where they are appearing for questioning under a questioning warrant:
 (a) the prescribed authority; and
 (b) a police officer; and
 (c) the persons who will be questioning the subject on behalf of the Organisation; and
 (d) if the prescribed authority has appointed a specified person as the lawyer for the subject – that person; and
 (e) if the Organisation is satisfied that the prescribed authority is likely to appoint one or more specified persons as the lawyer for the subject – one such person; and
 (f) if an interpreter is required an interpreter; and
 (g) if the Organisation is satisfied that an interpreter is likely to be required – an interpreter.
 (4)  The arrangements for apprehension must be consistent with applicable police practices and procedures in relation to apprehension, and in accordance with any applicable legislation.
 (5) The transportation to bring the subject before a prescribed authority for questioning under the warrant must be undertaken in a way which would not expose the subject to unnecessary physical hardship.
 (6) A minor's representative for the subject of a minor questioning warrant is permitted to be present at any time while the subject is apprehended.
 (7) If the subject wishes to contact a person under section 34CB of the Act while apprehended the subject must be given facilities to enable the contact to be made which may, without limiting paragraph 34CB(2)(c) of the Act, include:
            (a)    a device as referred to in paragraph (a) of the definition of communication device; and
            (b)    contact details for any person the subject is permitted to contact; and
            (c)    an interpreter.
 Note: Under section 34CB of the Act, the subject while apprehended, may contact any of the following:
(a) a lawyer;
(b) if the warrant is a minor questioning warrant – a minor's representative;
              (c) any person the questioning warrant or a direction given by the prescribed authority under paragraph  34DE(1)(b) permits;
(d) the Inspector-General of Intelligence and Security;
(e) the Ombudsman;
(f) the Commissioner of the Australian Federal Police;
              (g) a complaints agency relating to the police force or police service of the State or Territory (if applicable).