Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34c
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34C
Character Range: 54728–57634

34C  Police officer may apprehend subject of questioning warrant in certain circumstances

Apprehension where authorised by warrant
 (1) If a questioning warrant authorises the apprehension of the subject of the warrant, a police officer may apprehend the subject in order to immediately bring the subject before a prescribed authority for questioning under the warrant.
Note 1: The Attorney‑General may only issue a questioning warrant that authorises the apprehension of the subject of the warrant if:
(a) the warrant includes an immediate appearance requirement; and
(b) the Attorney‑General is satisfied of certain matters.
See subsection 34BE(2).
Note 2: A police officer's power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Apprehension where certain representations made
 (2) If:
 (a) a questioning warrant includes an immediate appearance requirement; and
 (b) the warrant does not authorise the apprehension of the subject of the warrant; and
 (c) at the time the subject is given notice of the requirement in accordance with section 34BH, the subject makes a representation that the subject intends to:
 (i) alert a person involved in an activity prejudicial to security that the activity is being investigated; or
 (ii) not appear before the prescribed authority; or
 (iii) destroy, damage or alter, or cause another person to destroy, damage or alter, a record or other thing the subject has been or may be requested in accordance with the warrant to produce;
a police officer may apprehend the subject in order to immediately bring the subject before a prescribed authority for questioning under the warrant.
Note: A police officer's power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Apprehension where subject fails to appear
 (3) If the subject of a questioning warrant fails to appear before a prescribed authority as required by:
 (a) the warrant; or
 (b) a direction given by the prescribed authority under subsection 34DE(1);
a police officer may apprehend the subject in order to immediately bring the subject before the prescribed authority for questioning under the warrant.
Note: A police officer's power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Definitions
 (4) In this section, representation includes:
 (a) an express or implied representation (whether oral or in writing); and
 (b) a representation that could be inferred from conduct; and
 (c) a representation not intended by its maker to be communicated to or seen by another person; and
 (d) a representation that for any reason is not communicated.