Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34BE

Warrant may require immediate appearance

  (1)   A questioning warrant may include an immediate appearance requirement if the Attorney - General is satisfied that it is reasonable and necessary in the circumstances.

Note:   For the definition of immediate appearance requirement , see section   34A.

Warrant may authorise apprehension

  (2)   If:

  (a)   a questioning warrant is to include an immediate appearance requirement under subsection   (1); and

  (b)   the Attorney - General is satisfied that there are reasonable grounds for believing that, if the subject of the warrant is not apprehended, the subject is likely to:

  (i)   alert a person involved in an activity prejudicial to security that the activity is being investigated; or

  (ii)   not appear before the prescribed authority; or

  (iii)   destroy, damage or alter, or cause another person to destroy, damage or alter, a record or other thing the subject has been or may be requested under the warrant to produce;

the warrant may also authorise the apprehension of the subject by a police officer in order to immediately bring the subject before the prescribed authority for questioning under the warrant.

Note:   A police officer may also apprehend the subject of a questioning warrant if the subject makes certain representations: see subsection   34C(2).

Warrant may authorise seizure of certain records or other things found during search

  (3)   If the Attorney - General is satisfied that it is reasonable and necessary in the circumstances, a questioning warrant may provide that if:

  (a)   a police officer conducts a search of the subject of the warrant under section   34CC; and

  (b)   a record or other thing is found during the search that the officer reasonably believes is relevant to the collection of intelligence that is important in relation to:

  (i)   if the warrant is an adult questioning warrant--an adult questioning matter; or

  (ii)   if the warrant is a minor questioning warrant--a minor questioning matter;

the officer is authorised to seize the record or other thing.

Note:   A police officer may only conduct a search of the subject of a questioning warrant under section   34CC if the subject is apprehended in connection with the warrant.

Warrant may request production of records or things

  (4)   A questioning warrant may request the subject of the warrant to produce, before a prescribed authority:

  (a)   a specified record or other thing; or

  (b)   a specified class of record or other thing;

if the Attorney - General is satisfied that the record or thing, or class of record or thing, is, or may be, relevant to intelligence that is important in relation to:

  (c)   if the warrant is an adult questioning warrant--an adult questioning matter; or

  (d)   if the warrant is a minor questioning warrant--a minor questioning matter.

Warrant may require immediate further appearance etc.

  (5)   If:

  (a)   a questioning warrant is in force; and

  (b)   the subject of the warrant has appeared before a prescribed authority for questioning under the warrant; and

  (c)   the subject has not been questioned under the warrant for longer than the permitted questioning period or, if applicable, the extra permitted questioning period; and

  (d)   the Attorney - General is satisfied that it is reasonable and necessary in the circumstances;

the warrant may, despite any direction given under subsection   34DE(1) to the contrary:

  (e)   require the subject's further appearance before a prescribed authority for questioning under the warrant; and

  (f)   include an immediate appearance requirement under subsection   (1) in relation to the further appearance.

Note:   This subsection only applies if a questioning warrant that is in force is varied under section   34BG.

  (6)   If:

  (a)   a questioning warrant is to include the requirements mentioned in paragraphs   (5)(e) and (f); and

  (b)   the Attorney - General is satisfied that there are reasonable grounds for believing that, if the subject of the warrant is not apprehended:

  (i)   the subject is likely to alert a person involved in an activity prejudicial to security that the activity is being investigated; or

  (ii)   the subject is likely to not comply with the requirements mentioned in paragraphs   (5)(e) and (f); or

  (iii)   the subject is likely to destroy, damage or alter, or cause another person to destroy, damage or alter, a record or other thing the subject has been or may be requested under the warrant to produce;

the warrant may also authorise the apprehension of the subject by a police officer in order to immediately bring the subject before the prescribed authority for further questioning under the warrant.