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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34CB

Communications while apprehended

  (1)   The subject of a questioning warrant who is apprehended under this Division is not permitted to contact, and may be prevented from contacting, any person at any time during the period:

  (a)   beginning when the subject is apprehended; and

  (b)   ending when the subject appears before a prescribed authority for questioning under the warrant.

  (2)   However:

  (a)   the subject may contact any or all of the following:

  (i)   a lawyer;

  (ii)   if the warrant is a minor questioning warrant--a minor's representative for the subject;

  (iii)   any other person the subject is permitted to contact by the warrant, or by a direction given under paragraph   34DE(1)(b); and

  (b)   subsection   (1) does not affect the following:

  (i)   the operation of the Inspector - General of Intelligence and Security Act 1986 in relation to contact between the subject and the Inspector - General of Intelligence and Security;

  (ii)   the operation of section   7 of the Ombudsman Act 1976 in relation to contact between the subject and the Ombudsman in respect of a complaint, or proposed complaint, about the Australian Federal Police;

  (iii)   the subject's right to make a complaint to a complaints agency in relation to the police force or police service of the State or Territory concerned; and

  (c)   any person apprehending the subject under this Division must, if requested by the subject, give the subject facilities for the following:

  (i)   contacting a person mentioned in paragraph   (a);

  (ii)   contacting the Inspector - General of Intelligence and Security;

  (iii)   contacting the Ombudsman to make a complaint under section   7 of the Ombudsman Act 1976 ;

  (iv)   contacting the Commissioner of the Australian Federal Police to give information under section   40SA of the Australian Federal Police Act 1979 ;

  (v)   contacting a complaints agency to make a complaint of the kind mentioned in subparagraph   (b)(iii).

Note:   For the purposes of paragraph   (a), section   34F provides for the subject of a questioning warrant to contact a lawyer for the purpose of obtaining legal advice in relation to the warrant and, if the warrant is a minor questioning warrant, to also contact a minor's representative.



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