Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34k:p2
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34K (pt 2/3)
Character Range: 24196–27007

person being detained after the first time when either of the following events happens:
 (i) someone exercising authority under the warrant informs the prescribed authority before whom the person is appearing for questioning that the Organisation does not have any further request described in paragraph 34E(4)(a) or 34G(7)(a) to make of the person;
 (ii) section 34R prohibits anyone exercising authority under the warrant from questioning the person under the warrant; or
 (b) a person's detention being arranged by a person who is not a police officer.

Note: Section 34S also provides that this Division does not authorise a person to be detained for a continuous period of more than 168 hours.

Giving effect to directions

 (6) Directions given by a prescribed authority have effect, and may be implemented or enforced, according to their terms.

 (7) A police officer may take a person into custody and bring him or her before a prescribed authority for questioning under a warrant issued under this Division if the person fails to appear before a prescribed authority as required by the warrant or a direction given by a prescribed authority under this section.

Direction has no effect on further warrant

 (8) This section does not prevent any of the following occurring in relation to a person who has been released after having been detained under this Division in connection with a warrant issued under this Division:
 (a) an issuing authority issuing a further warrant under this Division;
 (b) the person being detained under this Division in connection with the further warrant.

Communications while in custody or detention

 (10) A person who has been taken into custody, or detained, under this Division is not permitted to contact, and may be prevented from contacting, anyone at any time while in custody or detention.

 (11) However:
 (a) the person may contact anyone whom the warrant under which he or she is detained, or a direction described in paragraph (1)(d), permits the person to contact; and
 (b) subsection (10) does not affect the following provisions in relation to contact between the person and the Inspector‑General of Intelligence and Security or the Commonwealth Ombudsman:
 (i) sections 10 and 13 of the Inspector‑General of Intelligence and Security Act 1986;
 (ii) section 22 of the Complaints (Australian Federal Police) Act 1981; and
 (c) anyone holding the person in custody or detention under this Division must give the person facilities for contacting the Inspector‑General of Intelligence and Security or the Commonwealth Ombudsman to make a complaint orally under a section mentioned in paragraph (b) if the person requests them.

Note: The sections mentioned in paragraph (11)(b) give the person an entitlement to facilities for making a written complaint.