Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34b
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34B
Character Range: 31582–34333

34B  Request for questioning warrant

Request for warrant
 (1) The Director‑General may request the Attorney‑General to issue, in relation to a person:
 (a) an adult questioning warrant; or
 (b) a minor questioning warrant.
 (2) The request may be made:
 (a) in writing; or
 (b) if the Director‑General reasonably believes that the delay caused by making a written request may be prejudicial to security—orally in person, or by telephone or other means of communication.
 (3) To avoid doubt, this section operates in relation to a request for the issue of a questioning warrant in relation to a person, even if a request (a previous request) for the issue of a questioning warrant has previously been made under this section in relation to the person.

Requirements for requests
 (4) A request under subsection (1) must include:
 (a) a statement of the facts and other grounds on which the Director‑General considers it necessary that the warrant should be issued; and
 (b) a statement of the particulars and outcomes of any previous requests for the issue of a questioning warrant in relation to the person; and
 (c) if one or more warrants were issued as a result of the previous requests—a statement of:
 (i) the period for which the person was questioned under each of those warrants; and
 (ii) whether the person was apprehended in connection with any of those warrants; and
 (d) whether the request is for a warrant that includes an immediate appearance requirement; and
 (e) if the request is for a warrant that includes an immediate appearance requirement—whether the request is also for a questioning warrant that authorises the apprehension of the person; and
 (f) if the request is for a minor questioning warrant—all information known to the Director‑General, at the time of the making of the request, about the matters mentioned in subsection 34BB(3).

Additional requirements for oral requests
 (5) If a request under subsection (1) is to be made orally, the Director‑General must, before or as soon as practicable after the request is made, cause the Inspector‑General of Intelligence and Security to be notified that the request will be or has been made.
 (6) If a request under subsection (1) is made orally, the Director‑General must:
 (a) make a written record of the request that includes:
 (i) the day and time the request is made; and
 (ii) the reasons why the Director‑General believes that the delay caused by making a written request may be prejudicial to security; and
 (iii) the matters mentioned in subsection (4); and
 (b) as soon as practicable, and no later than 48 hours after the request is made, provide the written record to:
 (i) the Attorney‑General; and
 (ii) the Inspector‑General of Intelligence and Security.