Document ID: chunk:federal_register_of_legislation:C2024C00841:section:34dk
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 34DK
Character Range: 269253–271928

34DK  Extra permitted questioning time if interpreter present
 (1) This section applies if, in accordance with section 34DN or 34DO, an interpreter is present at any time while the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant.
 (2) The subject must not be questioned under the warrant by a person exercising authority under the warrant for longer than the extra permitted questioning period.
 (3) For the purposes of subsection (2), the extra permitted questioning period is:
 (a) 24 hours; or
 (b) if a prescribed authority before whom the subject is being questioned has extended the period in accordance with subsection (4) or (5)—that longer period.

Extension of extra time for questioning
 (4) If:
 (a) the subject has been questioned under the warrant for a total of less than 24 hours; and
 (b) the prescribed authority before whom the subject is being questioned is satisfied of the matters in subsection (7);
the prescribed authority may, just before the end of the 24 hours, extend the extra permitted questioning period to 32 hours.
 (5) If:
 (a) the subject has been questioned under the warrant for a total of more than 24 hours and less than 32 hours; and
 (b) the prescribed authority before whom the subject is being questioned is satisfied of the matters in subsection (7);
the prescribed authority may, just before the end of the 32 hours, extend the extra permitted questioning period to 40 hours.
 (6) A person exercising authority under a questioning warrant may request the prescribed authority to extend the extra permitted questioning period. The request may be made in the absence of:
 (a) the subject of the warrant; and
 (b) a lawyer for the subject; and
 (c) if the warrant is a minor questioning warrant—a minor's representative for the subject; and
 (d) any person the subject is permitted to contact.
 (7) The prescribed authority may extend the extra permitted questioning period only if the prescribed authority is satisfied that:
 (a) the questioning of the subject was conducted properly and without delay; and
 (b) there are reasonable grounds for believing that the extension will substantially assist the collection of intelligence that is important in relation to:
 (i) if the warrant is an adult questioning warrant—an adult questioning matter; or
 (ii) if the warrant is a minor questioning warrant—a minor questioning matter.
 (8) The prescribed authority may revoke the extension of the extra permitted questioning period. Revocation of the extension does not affect the legality of anything done in relation to the subject under the warrant before the revocation.