Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34d:p1
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34D (pt 1/3)
Character Range: 16418–19233

34D  Warrants for questioning etc.

 (1) An issuing authority may issue a warrant under this section relating to a person, but only if:
 (a) the Director‑General has requested it in accordance with subsection 34C(4); and
 (b) the issuing authority is satisfied that there are reasonable grounds for believing that the warrant will substantially assist the collection of intelligence that is important in relation to a terrorism offence.

 (1A) If the person has already been detained under this Division in connection with one or more warrants (the earlier warrants) issued under this section, and the warrant requested is to meet the requirement in paragraph (2)(b):
 (a) the issuing authority must take account of those facts in deciding whether to issue the warrant requested; and
 (b) the issuing authority may issue the warrant requested only if the authority is satisfied that:
 (i) the issue of that warrant is justified by information 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 request for the issue of the warrant requested; and
 (ii) the person is not being detained under this Division in connection with one of the earlier warrants.
This subsection has effect in addition to subsection (1).

 (2) The warrant must, in the same terms as the draft warrant given to the issuing authority as part of the request, either:
 (a) require a specified person to appear before a prescribed authority for questioning under the warrant immediately after the person is notified of the issue of the warrant, or at a time specified in the warrant; or
 (b) do both of the following:
 (i) authorise a specified person to be taken into custody immediately by a police officer, brought before a prescribed authority immediately for questioning under the warrant and detained under arrangements made by a police officer for the period (the questioning period) described in subsection (3);
 (ii) permit the person to contact identified persons at specified times when the person is in custody or detention authorised by the warrant.

 (3) The questioning period starts when the person is first brought before a prescribed authority under the warrant and ends at the first time one of the following events happens:
 (a) someone exercising authority under the warrant informs the prescribed authority before whom the person is appearing for questioning that the Organisation does not have any further request described in paragraph (5)(a) to make of the person;
 (b) section 34HB prohibits anyone exercising authority under the warrant from questioning the person under the warrant;
 (c) the passage of 168 hours