Document ID: chunk:federal_register_of_legislation:F2020L01714:reg:5
Version: federal_register_of_legislation:F2020L01714
Segment Type: reg
Provision Reference: reg 5
Character Range: 2979–5314

5  Application of Minister's Guidelines
 (1) The Organisation must observe any guidelines given by the Minister to the Director-General under subsection 8A(1) or 8A(2) of the Act to the extent it is relevant to a questioning warrant.

6 Questioning warrant requests
  Additional requirements
 (1) In addition to the things in subsection 34B(4) of the Act, a request for a questioning warrant must include:
 (a) a statement of:
               (i)     warrants (other than questioning warrants) under which the Organisation is, or has been within the past 6 months, authorised to do things in relation to the subject; and
               (ii)   why the Director-General considers it necessary that the warrant should be issued; and
 (b) a statement of the particulars of any known risks involved in questioning the subject under a questioning warrant; and
 (c)  a statement of the particulars of any known vulnerabilities (including a physical, sensory, intellectual or psychiatric disability, or medical condition) or sensitivities (including religious beliefs or cultural identities) in relation to the subject, to the extent they are relevant to the questioning; or
                         (d) if the request is for a minor questioning warrant, all information known to the Director-General about the matters mentioned in subsection 34BB(3) of the Act (best interests of the person), including the special protections that should be considered in relation to the best interests of a person who is at least 14 years old but less than 18 years old, taking into account the person's individual circumstances and needs (including their developmental status, any disabilities they may have, and whether the person belongs to any minority groups, as well as the other matters listed in subsection 34BB(3) of the Act).
  Oral requests for warrants and variations
 (2) Without limiting the circumstances in which a questioning warrant or a variation of a questioning warrant may be requested orally, the Director-General may request a warrant or variation orally if he or she reasonably believes the delay caused by making a written request may be prejudicial to security because:
 (a) there may be an imminent threat to a person's safety; or
 (b) an act of politically motivated violence, espionage or foreign interference may be imminent.