Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34na:p1
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34NA (pt 1/3)
Character Range: 48414–51005

34NA  Special rules for young people

Rules for persons under 16

 (1) A warrant issued under section 34D has no effect if the person specified in it is under 16.

 (2) If a person appears before a prescribed authority for questioning as a result of the issue of a warrant under section 34D and the prescribed authority is satisfied on reasonable grounds that the person is under 16, the prescribed authority must, as soon as practicable:
 (a) give a direction that the person is not to be questioned; and
 (b) if the person is in detention—give a direction under paragraph 34F(1)(f) that the person be released from detention.

 (3) Subsection 34F(2) does not prevent the prescribed authority from giving a direction in accordance with paragraph (2)(b) of this section.

Rules for persons who are at least 16 but under 18

 (4) If the Director‑General seeks the Minister's consent to request the issue of a warrant under section 34D in relation to a person and the Minister is satisfied on reasonable grounds that the person is at least 16 but under 18, the Minister may consent only if he or she is satisfied on reasonable grounds that:
 (a) it is likely that the person will commit, is committing or has committed a terrorism offence; and
 (b) the draft warrant to be included in the request will meet the requirements in subsection (6).

 (5) An issuing authority may issue a warrant under section 34D relating to a person whom the authority is satisfied on reasonable grounds is at least 16 but under 18 only if the draft warrant included in the request for the warrant meets the requirements in subsection (6).

Note: Section 34D requires that a warrant issued under that section be in the same form as the draft warrant included in the request.

 (6) If subsection (4) or (5) applies, the draft warrant must:
 (a) if the warrant authorises the person to be taken into custody and detained—permit the person to contact, at any time when the person is in custody or detention authorised by the warrant:
 (i) a parent or guardian of the person; and
 (ii) if it is not acceptable to the person to be questioned in the presence of one of his or her parents or guardians—another person who meets the requirements in subsection (7); and
 (b) authorise the Organisation to question the person before a prescribed authority:
 (i) only in the presence of a parent or 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