Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34na:p2
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34NA (pt 2/3)
Character Range: 50780–53601

guardian of the person or, if that is not acceptable to the person, of another person who meets the requirements in subsection (7); and
 (ii) only for continuous periods of 2 hours or less, separated by breaks directed by the prescribed authority.

Note: The prescribed authority may set the breaks between periods of questioning by giving appropriate directions under paragraph 34F(1)(e) for the person's further appearance before the prescribed authority for questioning.

 (7) The other person must:
 (a) be able to represent the person's interests; and
 (b) as far as practicable in the circumstances, be acceptable to the person and to the prescribed authority; and
 (c) not be one of the following:
 (i) a police officer;
 (ii) the Director‑General;
 (iii) an officer or employee of the Organisation;
 (iv) a person approved under subsection 24(1).

 (8) If a person appears before a prescribed authority for questioning under a warrant issued under section 34D and the prescribed authority is satisfied on reasonable grounds that the person is at least 16 but under 18, the prescribed authority must, as soon as practicable:
 (a) inform the person that the person:
 (i) may request that one of the person's parents or guardians or one other person who meets the requirements in subsection (7) be present during the questioning; and
 (ii) may contact the person's parents or guardians and another person who meets the requirements in subsection (7), at any time when the person is in custody or detention authorised by the warrant; and
 (iii) may contact a single lawyer of the person's choice when the person is in detention authorised by the warrant; and
 (b) if the person requests that one of the person's parents or guardians be present during the questioning—direct everyone proposing to question the person under the warrant not to do so in the absence of the parent or guardian; and
 (c) if the person does not request that one of the person's parents or guardians be present during the questioning—direct everyone proposing to question the person under the warrant not to do so in the absence of another person (other than the prescribed authority) who meets the requirements in subsection (7); and
 (d) direct under paragraph 34F(1)(d) that the person may contact someone described in subparagraph (a)(ii) of this subsection at any time described in that subparagraph; and
 (e) direct everyone proposing to question the person under the warrant that questioning is to occur only for continuous periods of 2 hours or less, separated by breaks directed by the prescribed authority.

Note: The prescribed authority may set the breaks between periods of questioning by giving appropriate directions under paragraph 34F(1)(e) for the person's further appearance before the prescribed authority for questioning.