Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The subject of a minor questioning warrant must not be questioned under the warrant in the absence of a lawyer for the subject.
(2) The subject of an adult questioning warrant may be questioned under the warrant in the absence of a lawyer for the subject if:
(a) the subject voluntarily chooses to be questioned in the absence of a lawyer; or
(b) a prescribed authority gives a direction under paragraph 34FB(3)(b) or subparagraph 34FF(7)(c)(iii) in relation to the subject.
(3) This section does not permit questioning of the subject of a questioning warrant by a person exercising authority under the warrant at a time when a person exercising authority under the warrant is required by another section of this Division not to question the subject.
Example: This section does not permit the subject of a questioning warrant to be questioned when a person exercising authority under the warrant is required by section 34DN or 34DO to defer questioning because an interpreter is not present.