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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34FE

Lawyer may request copy of warrant

  (1)   This section applies in relation to a lawyer who is acting for the subject of a questioning warrant in connection with the warrant.

  (2)   Subject to subsection   (4), a person exercising authority under the warrant must, if requested to do so by the lawyer, give the lawyer:

  (a)   if the warrant is issued in writing--a copy of the warrant; or

  (b)   if the warrant is issued orally--a copy of the written record of the warrant made in accordance with subsection   34BF(3).

  (3)   Subject to subsection   (4), if the warrant is varied, a person exercising authority under the warrant must, if requested to do so by the lawyer, give the lawyer:

  (a)   if the variation is issued in writing--a copy of the variation; or

  (b)   if the variation is issued orally--a copy of the written record of the variation made in accordance with subsection   34BG(7).

  (4)   For the purposes of subsections   (2) and (3), the Director - General may make such deletions from a document mentioned in subsection   (5) as the Director - General considers necessary in order to avoid prejudice to security, the defence of the Commonwealth, the conduct of the Commonwealth's international affairs or the privacy of individuals.

  (5)   The documents covered by this subsection are as follows:

  (a)   a questioning warrant;

  (b)   a written record of a questioning warrant;

  (c)   a variation of a questioning warrant;

  (d)   a written record of a variation of a questioning warrant.

  (6)   Subsections   (2) and (3) do not:

  (a)   require more than one person to give the lawyer a copy of the warrant, the written record of the warrant, the variation or the written record of the variation (as the case requires); or

  (b)   entitle the lawyer to be given a copy of, or see, a document other than the warrant, the written record of the warrant, the variation or the written record of the variation (as the case requires).



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