Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34u:p2
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34U (pt 2/2)
Character Range: 66274–68131

purposes of subsection (10); and
 (c) the third person is not:
 (i) a prescribed authority; or
 (ii) a person exercising authority under the warrant; or
 (iii) the Inspector‑General of Intelligence and Security; or
 (iv) the Ombudsman.

Penalty: Imprisonment for 5 years.

 (8) The prescribed authority may authorise the legal adviser 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. An authorisation must not be inconsistent with the regulations (if any) made for the purposes of subsection (10).

 (9) The prescribed authority must not refuse to authorise the legal adviser to communicate to a member or Registrar (however described) of a federal court, for the purposes of seeking a remedy relating to the warrant or the treatment of the subject in connection with the warrant, information relating to the questioning or detention of the subject in connection with the warrant.

 (10) The regulations may make provision in relation to communications by legal advisers of persons specified in warrants issued under section 34D of information relating to their questioning or detention under this Division in connection with the warrants.

 (11) The regulations must not prevent a legal adviser from communicating to a member or Registrar (however described) of a federal court, for the purposes of seeking a remedy relating to the warrant or the treatment of a person in connection with the warrant, information relating to the questioning or detention of the person in connection with the warrant.

If legal adviser also represents young person

 (12) If section 34V also applies to the legal adviser in another capacity in relation to the subject, this section does not apply to conduct of the legal adviser in that other capacity.