Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34f:p1
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34F (pt 1/2)
Character Range: 24745–27447

34F  Detention of persons

Directions relating to detention or further appearance

 (1) At any time when a person is before a prescribed authority for questioning under a warrant, 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;
 (e) a direction for the person's further appearance before the prescribed authority for questioning under the warrant;
 (f) 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 34HA 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) 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.

 (4) A direction under subsection (1) must not result in:
 (a) a person being detained after the end of the questioning period described in section 34D for the warrant; or
 (b) a person's detention being arranged by a person who is not a police officer.

Giving effect to directions

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

 (6) 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 section 34D 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

 (7) This section does not prevent any of the following occurring in relation to a person who has been