Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) When the subject of a questioning warrant first appears before a prescribed authority for questioning under the warrant, the prescribed authority must inform the subject of the following:
(a) what the warrant authorises the Organisation to do;
(b) the period for which the warrant is in force;
(c) the circumstances in which the subject may be apprehended during the period in which the warrant is in force;
(d) the role of the prescribed authority, and in particular that the role includes:
(i) supervising the questioning of the subject; and
(ii) giving appropriate directions in relation to the subject;
(e) that the subject is able to contact a lawyer in accordance with section 34F;
(f) the effect of section 34GD (including the fact that the section creates offences);
(g) the effect of section 34GF (including the fact that the section creates offences and allows the prescribed authority to permit certain disclosures to be made);
(h) the subject's right to apply to the Attorney - General for the provision of financial assistance under section 34JE;
(i) 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;
(j) the subject's right to give information orally or in writing, under Division 2 of Part V of the Australian Federal Police Act 1979 , to a person referred to in subsection 40SA(1) of that Act in relation to the Australian Federal Police;
(k) 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.
Note: Under sections 34DN and 34DO, if an interpreter is required, the prescribed authority must defer informing the subject under this section until the interpreter is present.
(2) To avoid doubt, subsection (1) does not apply to a prescribed authority if the subject has previously appeared before another prescribed authority for questioning under the warrant.
(3) The prescribed authority must also:
(a) inform the subject of the reason for the presence of each person who is present at any time during the questioning; and
(b) at least once in every 24 hour period during which questioning of the subject under the warrant occurs, inform the subject of 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.
Note: For example, the subject may be able to apply to the Federal Court of Australia under subsection 39B(1) of the Judiciary Act 1903 , or the High Court under paragraph 75(v) of the Constitution, for a remedy in relation to the warrant or the treatment of the subject in connection with the warrant.
(4) Despite paragraph (3)(a):
(a) the prescribed authority must not name any person except with the consent of the person to be named; and
(b) the obligation to inform the subject about the reason for a particular person's presence need only be complied with once (even if that particular person subsequently returns to the questioning).