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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34BF

Requirements for questioning warrant

  (1)   A questioning warrant may be issued:

  (a)   by means of a written document signed by the Attorney - General; or

  (b)   if the Attorney - General is satisfied that there are reasonable grounds on which to believe that the delay caused by issuing a written warrant may be prejudicial to security--orally in person, or by telephone or other means of communication.

Requirements for written warrants

  (2)   If a questioning warrant is issued by means of a written document, the warrant must specify:

  (a)   that the warrant authorises the things mentioned in subsection   34BD(1); and

  (b)   which of the things mentioned in section   34BE are authorised by the warrant (if any); and

  (c)   the period during which the warrant is to be in force.

Requirements for oral warrants

  (3)   If a questioning warrant is issued orally, the Director - General must cause a written record of the warrant, that includes the matters mentioned in subsection   (2), to be made as soon as practicable, and no later than 48 hours after the warrant is issued.

Duration of warrant

  (4)   A questioning warrant may remain in force for a period of no more than 28 days, although the Attorney - General may revoke the warrant before the period has expired.

Issue of further warrants not prevented

  (5)   Subsection   (4) does not prevent the issue of any further warrant.

Written warrants and records not legislative instruments

  (6)   The following are not legislative instruments:

  (a)   a document referred to in paragraph   (1)(a);

  (b)   a written record referred to in subsection   (3).



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