Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34FC

  (1)   This section applies in relation to the subject of a minor questioning warrant if a lawyer for the subject is not present while the subject is appearing before a prescribed authority for questioning under the warrant.

If warrant includes immediate appearance requirement

  (2)   If the warrant includes an immediate appearance requirement, the prescribed authority must, either orally or in writing:

  (a)   give a direction that:

  (i)   a specified person (the appointed lawyer ) be appointed as the lawyer for the subject; and

  (ii)   the appointed lawyer be present during the questioning; and

  (iii)   the subject be questioned in the presence of the appointed lawyer; and

  (b)   give a direction that a person exercising authority under the warrant give the subject facilities for contacting a lawyer (a lawyer of choice ) other than the appointed lawyer.

If warrant does not include immediate appearance requirement

  (3)   If the warrant does not include an immediate appearance requirement, the prescribed authority must, either orally or in writing:

  (a)   both:

  (i)   give a direction under paragraph   34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable a lawyer for the subject to be present during the questioning; and

  (ii)   give a direction that a person exercising authority under the warrant give the subject facilities for contacting a lawyer; or

  (b)   if the prescribed authority is satisfied that such time as is reasonable to enable a lawyer for the subject to be present during the questioning has passed--give a direction that:

  (i)   a specified person (the appointed lawyer ) be appointed as the lawyer for the subject; and

  (ii)   the appointed lawyer be present during the questioning; and

  (iii)   the subject be questioned in the presence of the appointed lawyer.

When lawyer of choice is present

  (4)   If:

  (a)   a direction under paragraph   (2)(a) or (3)(b) is in force in relation to the appointed lawyer for the subject of a minor questioning warrant; and

  (b)   both the appointed lawyer and a lawyer of choice are 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 appointed lawyer to brief the lawyer of choice; and

  (ii)   the lawyer of choice to provide advice to the subject; and

  (d)   revoke the direction under paragraph   (2)(a) or (3)(b) (as the case requires).