Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34BH

  (1)   This section applies if the Attorney - General issues a questioning warrant.

  (2)   The Director - General must cause the subject of the warrant to be given written notice of:

  (a)   the warrant; and

  (b)   the place where the subject is required to appear before a prescribed authority for questioning under the warrant; and

  (c)   either:

  (i)   if the warrant includes an immediate appearance requirement--the fact that the subject must appear before the prescribed authority for questioning under the warrant immediately after the subject is given notice of the requirement under this section; or

  (ii)   otherwise--the day and time when the subject is required to appear before the prescribed authority for questioning under the warrant; and

  (d)   the fact that the subject is able to contact a lawyer in accordance with section   34F; and

  (e)   if the warrant is a minor questioning warrant--the fact that:

  (i)   the subject may request that a minor's representative for the subject be present during the questioning; and

  (ii)   the subject may be questioned only in the presence of a minor's representative for the subject; and

  (f)   the subject's obligations under sections   34GD and 34GF; and

  (g)   the subject's right to make a complaint orally or in writing to:

  (i)   in relation to the Organisation--the Inspector - General of Intelligence and Security under the Inspector - General of Intelligence and Security Act 1986 ; or

  (ii)   in relation to the Australian Federal Police--the Ombudsman under the Ombudsman Act 1976 ; or

  (iii)   in relation to the police force or police service of a State or Territory--a complaints agency of the State or Territory concerned; and

  (h)   the fact that the subject may seek from a federal court a remedy relating to the warrant or the treatment of the subject in connection with the warrant.

  (3)   If the warrant is varied before the subject is given notice of the warrant in accordance with this section, the Director - General must cause the subject to be given written notice of:

  (a)   the warrant as varied; and

  (b)   the matters mentioned in paragraphs   (2)(b) to (h).

  (4)   If:

  (a)   the warrant is varied after the subject is given notice of the warrant in accordance with this section; and

  (b)   the variation may affect the subject's obligations under the warrant or the information provided in the notice;

the Director - General must, as soon as practicable, cause the subject to be given written notice of:

  (c)   the variation; and

  (d)   the effect of the variation on the subject's obligations under the warrant.

Note:   For example, if the warrant is varied to include an immediate appearance requirement, the Director - General must cause the subject to be given written notice of the fact that the subject must appear before the prescribed authority immediately after the notice is given.

  (5)   If the warrant is revoked after the subject is given notice of the warrant in accordance with this section, the Director - General must, as soon as practicable, cause the subject to be given written notice of:

  (a)   the revocation; and

  (b)   the fact that the subject is no longer required to appear before a prescribed authority for questioning under the warrant; and

  (c)   the effect of section   34GF; and

  (d)   the subject's right to contact a lawyer in relation to the warrant at any time.