Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34e
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34E
Character Range: 22247–24745

34E  Prescribed authority must explain warrant

 (1) When the person first appears before a prescribed authority for questioning under the warrant, the prescribed authority must inform the person of the following:
 (a) whether the warrant authorises detention of the person by a police officer and, if it does, the period for which the warrant authorises detention of the person;
 (b) what the warrant authorises the Organisation to do;
 (c) the effect of section 34G (including the fact that the section creates offences);
 (d) the period for which the warrant is in force;
 (e) the person's right to make a complaint orally or in writing:
 (i) to the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986 in relation to the Organisation; or
 (ii) to the Ombudsman under the Complaints (Australian Federal Police) Act 1981 in relation to the Australian Federal Police;
 (f) the fact that the person may seek from a federal court a remedy relating to the warrant or the treatment of the person in connection with the warrant;
 (g) whether there is any limit on the person contacting others and, if the warrant permits the person to contact identified persons at specified times when the person is in custody or detention authorised by the warrant, who the identified persons are and what the specified times are.

 (2) To avoid doubt, subsection (1) does not apply to a prescribed authority if the person has previously appeared before another prescribed authority for questioning under the warrant.

 (2A) The prescribed authority before whom the person appears for questioning must inform the person of the role of the prescribed authority, and the reason for the presence of each other person who is present at any time during the questioning. However:
 (a) the prescribed authority must not name any person except with the consent of the person to be named; and
 (b) the obligation to inform the person being questioned about a particular person's reason for presence need only be complied with once (even if that particular person subsequently returns to the questioning).

 (3) At least once in every 24‑hour period during which questioning of the person under the warrant occurs, the prescribed authority before whom the person appears for questioning must inform the person of the fact that the person may seek from a federal court a remedy relating to the warrant or the treatment of the person in connection with the warrant.