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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34DM

Suspension of questioning etc. in response to concern of Inspector - General of Intelligence and Security

  (1)   This section applies if the Inspector - General of Intelligence and Security is concerned about impropriety or illegality in connection with the exercise or purported exercise of powers under this Division in relation to the subject of a questioning warrant.

Note:   For example, the Inspector - General may be concerned because the Inspector - General has been present at a questioning in accordance with section   34JB.

  (2)   When the subject is appearing before a prescribed authority for questioning under the warrant, the Inspector - General:

  (a)   may inform the prescribed authority of the Inspector - General's concern; and

  (b)   must, as soon as practicable after informing the prescribed authority, inform the Director - General of the concern.

  (3)   The prescribed authority must consider the Inspector - General's concern.

  (4)   The prescribed authority may give a direction suspending:

  (a)   questioning of the subject under the warrant; or

  (b)   the exercise of another power under this Division that is specified in the direction;

until the prescribed authority is satisfied that the Inspector - General's concern has been satisfactorily addressed.



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