Commonwealth Consolidated Acts Commonwealth Consolidated ActsRequest for warrant
(1) The Director - General may request the Attorney - General to issue, in relation to a person:
(a) an adult questioning warrant; or
(b) a minor questioning warrant.
(2) The request may be made:
(a) in writing; or
(b) if the Director - General reasonably believes that the delay caused by making a written request may be prejudicial to security--orally in person, or by telephone or other means of communication.
(3) To avoid doubt, this section operates in relation to a request for the issue of a questioning warrant in relation to a person, even if a request (a previous request ) for the issue of a questioning warrant has previously been made under this section in relation to the person.
Requirements for requests
(4) A request under subsection (1) must include:
(a) a statement of the facts and other grounds on which the Director - General considers it necessary that the warrant should be issued; and
(b) a statement of the particulars and outcomes of any previous requests for the issue of a questioning warrant in relation to the person; and
(c) if one or more warrants were issued as a result of the previous requests--a statement of:
(i) the period for which the person was questioned under each of those warrants; and
(ii) whether the person was apprehended in connection with any of those warrants; and
(d) whether the request is for a warrant that includes an immediate appearance requirement; and
(e) if the request is for a warrant that includes an immediate appearance requirement--whether the request is also for a questioning warrant that authorises the apprehension of the person; and
(f) if the request is for a minor questioning warrant--all information known to the Director - General, at the time of the making of the request, about the matters mentioned in subsection 34BB(3).
Additional requirements for oral requests
(5) If a request under subsection (1) is to be made orally, the Director - General must, before or as soon as practicable after the request is made, cause the Inspector - General of Intelligence and Security to be notified that the request will be or has been made.
(6) If a request under subsection (1) is made orally, the Director - General must:
(a) make a written record of the request that includes:
(i) the day and time the request is made; and
(ii) the reasons why the Director - General believes that the delay caused by making a written request may be prejudicial to security; and
(iii) the matters mentioned in subsection (4); and
(b) as soon as practicable, and no later than 48 hours after the request is made, provide the written record to:
(i) the Attorney - General; and
(ii) the Inspector - General of Intelligence and Security.