Commonwealth Consolidated Acts Commonwealth Consolidated ActsRight to contact lawyer or minor's representative
(1) At any time after the subject of a questioning warrant is given notice of the warrant in accordance with subsection 34BH(2) or (3), the subject may:
(a) contact a lawyer for the purpose of obtaining legal advice in relation to the warrant; and
(b) if the warrant is a minor questioning warrant--contact a minor's representative for the subject.
Limit on contacting lawyers
(2) If:
(a) the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant; and
(b) a lawyer for the subject is present during the questioning;
the prescribed authority may direct that the subject be prevented from contacting another lawyer if:
(c) the lawyer for the subject is not a person (an appointed lawyer ) specified in a direction given under paragraph 34FB(2)(a) or 34FC(2)(a) or (3)(b); or
(d) the lawyer for the subject is an appointed lawyer and the prescribed authority is satisfied that the subject has had reasonable opportunity to contact another lawyer.
(3) If:
(a) the subject of an adult questioning warrant is appearing before a prescribed authority for questioning under the warrant; and
(b) a lawyer for the subject is not present during the questioning;
the prescribed authority may direct that the subject be prevented from contacting a lawyer if the prescribed authority is satisfied that the subject has had reasonable opportunity to contact a lawyer.
Limit on choice of lawyer
(4) A prescribed authority may direct that the subject of a questioning warrant be prevented from contacting a particular lawyer if the prescribed authority is satisfied, on the basis of circumstances relating to the lawyer, that, if the subject is permitted to contact the lawyer:
(a) a person involved in an activity prejudicial to security may be alerted that the activity is being investigated; or
(b) a record or other thing that the subject has been or may be requested, in accordance with the warrant, to produce may be destroyed, damaged or altered.
(5) To avoid doubt, subsection (4) does not prevent the subject from choosing another lawyer to contact, but the subject may be prevented from contacting that other lawyer under another application of that subsection.
Effect of section
(6) This section has effect despite paragraph 34CB(2)(a).