Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if the subject of a questioning warrant appearing before a prescribed authority under the warrant requests the presence of an interpreter.
(2) The prescribed authority must determine that an interpreter is to be present unless the prescribed authority believes on reasonable grounds that the subject:
(a) has an adequate knowledge of the English language to communicate with reasonable fluency in that language; or
(b) is physically able to communicate with reasonable fluency in that language.
(3) A person exercising authority under the warrant must arrange for the presence of an interpreter if the prescribed authority makes a determination under subsection (2).
(4) If questioning under the warrant has not commenced and the prescribed authority makes a determination under subsection (2):
(a) the prescribed authority must defer informing the subject under section 34DC and, if applicable, section 34DD until an interpreter is present; and
(b) a person exercising authority under the warrant must defer the questioning until an interpreter is present.
(5) If questioning under the warrant commences before the subject requests the presence of an interpreter and the prescribed authority makes a determination under subsection (2):
(a) a person exercising authority under the warrant must defer any further questioning until an interpreter is present; and
(b) when an interpreter is present, the prescribed authority must again inform the subject of anything of which the subject was previously informed under section 34DC or 34DD.