Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34k:p1
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34K (pt 1/3)
Character Range: 21691–24460

34K  Directions by prescribed authority etc.

Directions relating to detention or further appearance

 (1) At any time when a person is before a prescribed authority for questioning under a warrant issued under this Division, the authority may give any of the following directions:
 (a) a direction to detain the person;
 (b) a direction for the further detention of the person;
 (c) a direction about any arrangements for the person's detention;
 (d) a direction permitting the person to contact an identified person (including someone identified by reference to the fact that he or she has a particular legal or familial relationship with the person) or any person and to disclose information other than specified information while in contact;
 (f) a direction for the person's further appearance before the prescribed authority for questioning under the warrant;
 (g) a direction that the person be released from detention.

 (2) The prescribed authority is only to give a direction that:
 (a) is consistent with the warrant; or
 (b) has been approved in writing by the Minister.
However, the prescribed authority may give a direction that is not covered by paragraph (a) or (b) if he or she has been informed under section 34Q of a concern of the Inspector‑General of Intelligence and Security and is satisfied that giving the direction is necessary to address the concern satisfactorily.

 (3) To avoid doubt, the mere fact that the warrant is issued under section 34E does not prevent a direction under subsection (1) of this section from being consistent with the warrant for the purposes of subsection (2) of this section.

Note: A warrant issued under section 34E requires a person to appear before a prescribed authority for questioning under the warrant (rather than authorising the person to be taken into custody, brought before a prescribed authority and detained).

 (4) The prescribed authority is only to give a direction described in paragraph (1)(a) or (b) if he or she is satisfied that there are reasonable grounds for believing that, if the person is not detained, the person:
 (a) may alert a person involved in a terrorism offence that the offence is being investigated; or
 (b) may not continue to appear, or may not appear again, before a prescribed authority; or
 (c) may destroy, damage or alter a record or thing the person has been requested, or may be requested, in accordance with the warrant, to produce.

 (5) A direction under subsection (1) must not result in:
 (a) a 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