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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34E

Issue of questioning warrant

Issue of warrant

             (1)  An issuing authority may issue a warrant under this section relating to a person, but only if:

                     (a)  the Director-General has requested it in accordance with subsection 34D(6); and

                     (b)  the issuing authority is satisfied that there are reasonable grounds for believing that the warrant will substantially assist the collection of intelligence that is important in relation to a terrorism offence.

What the warrant authorises

             (2)  The warrant must, in the same terms as the draft warrant given to the issuing authority as part of the request, require a specified person to appear before a prescribed authority for questioning under the warrant immediately after the person is notified of the issue of the warrant, or at a time specified in the warrant.

Contacting a lawyer

             (3)  The warrant must specify that the person is:

                     (a)  permitted to contact a single lawyer of the person's choice at any time the person is appearing before a prescribed authority for questioning under the warrant; and

                     (b)  permitted to contact a single lawyer of the person's choice (subject to section 34ZO) at any time that is a time the person is in detention in connection with the warrant and a time after:

                              (i)  the person has informed the prescribed authority concerned, in the presence of a person exercising authority under the warrant, of the identity of the lawyer whom the person proposes to contact; and

                             (ii)  a person exercising authority under the warrant has had an opportunity to request the prescribed authority to direct under section 34ZO that the person be prevented from contacting the lawyer.

Note:       Section 34K allows for detention in connection with a warrant issued under this section.

Warrant must authorise certain actions by the Organisation

             (4)  Also, the warrant must, in the same terms as the draft warrant given to the issuing authority as part of the request:

                     (a)  authorise the Organisation, subject to any restrictions or conditions, to question the person before a prescribed authority by requesting the person to do either or both of the following:

                              (i)  give information that is or may be relevant to intelligence that is important in relation to a terrorism offence;

                             (ii)  produce records or things that are or may be relevant to intelligence that is important in relation to a terrorism offence; and

                     (b)  authorise the Organisation, subject to any restrictions or conditions, to make copies and/or transcripts of a record produced by the person before a prescribed authority in response to a request in accordance with the warrant.

Warrant to be signed and to specify the period it is in force

             (5)  Also, the warrant must:

                     (a)  be signed by the issuing authority who issues it; and

                     (b)  specify the period during which the warrant is to be in force, which must not be more than 28 days.



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