Document ID: chunk:federal_register_of_legislation:C2024C00841:section:34fa
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 34FA
Character Range: 290362–291415

34FA  Questioning in absence of lawyer for subject
 (1) The subject of a minor questioning warrant must not be questioned under the warrant in the absence of a lawyer for the subject.
 (2) The subject of an adult questioning warrant may be questioned under the warrant in the absence of a lawyer for the subject if:
 (a) the subject voluntarily chooses to be questioned in the absence of a lawyer; or
 (b) a prescribed authority gives a direction under paragraph 34FB(3)(b) or subparagraph 34FF(7)(c)(iii) in relation to the subject.
 (3) This section does not permit questioning of the subject of a questioning warrant by a person exercising authority under the warrant at a time when a person exercising authority under the warrant is required by another section of this Division not to question the subject.
Example: This section does not permit the subject of a questioning warrant to be questioned when a person exercising authority under the warrant is required by section 34DN or 34DO to defer questioning because an interpreter is not present.