Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34DD

  (1)   This section applies if the subject of a minor questioning warrant appears before a prescribed authority for questioning under the warrant.

  (2)   In addition to the requirements of section   34DC, the prescribed authority must, as soon as practicable:

  (a)   inform the subject that a lawyer for the subject must be present during the questioning; and

  (b)   direct any person proposing to question the subject under the warrant that questioning is to occur only when the lawyer is present; and

  (c)   inform the subject that the subject may request that a minor's representative (a non - lawyer representative ) for the subject who is not also a lawyer for the subject be present during the questioning; and

  (d)   if the subject requests that a non - lawyer representative be present during the questioning:

  (i)   if the warrant includes an immediate appearance requirement--give a direction under paragraphs 34FD(2)(c) and (d); or

  (ii)   if the warrant does not include an immediate appearance requirement--give a direction under paragraph   34FD(3)(c) or (d); and

  (e)   if the subject voluntarily chooses not to request that a non - lawyer representative be present during the questioning--give a direction under paragraph   34FD(2)(c) or subsection   34FD(4), as the case requires; and

  (f)   direct any person proposing to question the subject under the warrant that questioning is to occur only for continuous periods of 2 hours or less, separated by breaks directed by the prescribed authority.

Note 1:   The prescribed authority may set breaks between periods of questioning by giving appropriate directions under paragraph   34DE(1)(e) for the subject's further appearance before the prescribed authority for questioning.

Note 2:   Under sections   34DN and 34DO, if an interpreter is required, the prescribed authority must defer informing the subject under this section until the interpreter is present.

  (3)   To avoid doubt, paragraph   (2)(f) does not affect the operation of section   34DJ (permitted questioning time) or 34DK (extra permitted questioning time if interpreter present).