Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34FD

  (1)   This section applies if:

  (a)   the subject of a minor questioning warrant is appearing before a prescribed authority for questioning under the warrant; and

  (b)   a minor's representative (a non - lawyer representative ) for the subject, who is not also a lawyer for the subject, is not present.

If warrant includes immediate appearance requirement

  (2)   If:

  (a)   the warrant includes an immediate appearance requirement; and

  (b)   a lawyer for the subject is present during the questioning;

the prescribed authority must, either orally or in writing:

  (c)   give a direction that the subject may be questioned under the warrant in the absence of a non - lawyer representative; and

  (d)   if the subject requests that a non - lawyer representative be present during the questioning--give a direction that the subject must be permitted to contact a non - lawyer representative.

Note 1:   The subject of a minor questioning warrant may only be questioned if a lawyer for the subject is present: see subsection   34FA(1).

Note 2:   In the absence of a non - lawyer representative, the lawyer for the subject is also the minor's representative for the subject.

If warrant does not include immediate appearance requirement

  (3)   If:

  (a)   the warrant does not include an immediate appearance requirement; and

  (b)   the subject requests that a non - lawyer representative be present during the questioning;

the prescribed authority must, either orally or in writing:

  (c)   give a direction under paragraph   34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable:

  (i)   the subject to contact a non - lawyer representative; and

  (ii)   a non - lawyer representative to be present during the questioning; or

  (d)   give a direction that the subject may be questioned under the warrant in the absence of a non - lawyer representative, if:

  (i)   the prescribed authority is satisfied that such time as is reasonable to enable a non - lawyer representative to be present during the questioning has passed; and

  (ii)   a lawyer for the subject is present during the questioning.

Note:   In the absence of a non - lawyer representative, the lawyer for the subject is also the minor's representative for the subject.

  (4)   If:

  (a)   the warrant does not include an immediate appearance requirement; and

  (b)   the subject voluntarily chooses not to request that a non - lawyer representative be present during the questioning; and

  (c)   a lawyer for the subject is present during the questioning;

the prescribed authority must, either orally or in writing, give a direction that the subject may be questioned under the warrant in the absence of a non - lawyer representative.

Note:   In the absence of a non - lawyer representative, the lawyer for the subject is also the minor's representative for the subject.

When non - lawyer representative is present

  (5)   A direction under paragraph   (2)(c) or (3)(d) or subsection   (4) in relation to the subject of a minor questioning warrant ceases to have effect if:

  (a)   the subject contacts a non - lawyer representative; and

  (b)   the non - lawyer representative is present during the questioning.