Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34n
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34N
Character Range: 30628–32087

34N  Interpreter provided at request of person being questioned

 (1) This section applies if a person appearing before a prescribed authority under a warrant issued under this Division requests the presence of an interpreter.

 (2) A person exercising authority under the warrant must arrange for the presence of an interpreter, unless the prescribed authority believes on reasonable grounds that the person who made the request has an adequate knowledge of the English language, or is physically able, to communicate with reasonable fluency in that language.

 (3) If questioning under the warrant has not commenced and the prescribed authority determines that an interpreter is to be present:
 (a) the prescribed authority must defer informing under section 34J the person to be questioned under the warrant until the interpreter is present; and
 (b) a person exercising authority under the warrant must defer the questioning until the interpreter is present.

 (4) If questioning under the warrant commences before the person being questioned requests the presence of an interpreter and the prescribed authority determines that an interpreter is to be present:
 (a) a person exercising authority under the warrant must defer any further questioning until the interpreter is present; and
 (b) when the interpreter is present, the prescribed authority must again inform the person of anything of which he or she was previously informed under section 34J.