Document ID: chunk:federal_register_of_legislation:C2024C00841:section:34ce
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 34CE
Character Range: 245784–247538

34CE  Power to remove, retain and copy materials etc.

Powers of the Organisation
 (1) In addition to the things that the Organisation is authorised to do that are specified in a questioning warrant, the Organisation is also authorised:
 (a) to remove and retain any record or other thing produced by the subject of the warrant while before a prescribed authority for questioning under the warrant, or to retain any record or other thing seized under subsection 34CC(5), for the purposes of:
 (i) inspecting or examining the record or thing; and
 (ii) in the case of a record—making copies or transcripts of the record; and
 (b) to do any other thing reasonably incidental to:
 (i) the things mentioned in paragraph (a); or
 (ii) any of the things that the Organisation is authorised to do that are specified in the warrant.
 (2) A record or other thing retained as mentioned in paragraph (1)(a) may be retained:
 (a) if returning the record or other thing would be prejudicial to security—only until returning the record or other thing would no longer be prejudicial to security; and
 (b) otherwise—for only such time as is reasonable.

Powers of police officers
 (3) A seizable item seized by a police officer under subsection 34CC(4) may be retained for such time as is reasonable.
 (4) A communication device seized by a police officer under subsection 34CC(4) may be retained:
 (a) if returning the device would be prejudicial to security—only until returning the device would no longer be prejudicial to security; and
 (b) otherwise—for only such time as the prescribed authority before whom the subject is appearing for questioning under the warrant considers reasonable.

Subdivision D—Matters relating to questioning under questioning warrants