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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34ZQ

Involvement of lawyers

             (1)  This section applies if the person (the subject ) specified in a warrant issued under this Division contacts another person as a legal adviser as permitted by the warrant or a direction under paragraph 34K(1)(d).

Contact to be able to be monitored

             (2)  The contact must be made in a way that can be monitored by a person exercising authority under the warrant.

             (3)  Subsection (2) does not apply in relation to a warrant issued under section 34E if the contact is in circumstances covered by paragraph 34E(3)(a).

Legal adviser to be given copy of the warrant

             (4)  A person exercising authority under the warrant must give the legal adviser a copy of the warrant. This subsection does not:

                     (a)  require more than one person to give the legal adviser a copy of the warrant; or

                     (b)  entitle the legal adviser to be given a copy of, or see, a document other than the warrant.

Breaks in questioning to give legal advice

             (5)  The prescribed authority before whom the subject is being questioned must provide a reasonable opportunity for the legal adviser to advise the subject during breaks in the questioning.

Note:          The prescribed authority may set breaks between periods of questioning by giving directions under section 34K. Paragraphs 34R(13)(b) to (d) also contain examples of procedural breaks in questioning.

             (6)  The legal adviser must not intervene in questioning of the subject or address the prescribed authority before whom the subject is being questioned, except to request clarification of an ambiguous question.

Breaks in questioning to address prescribed authority

             (7)  During a break in the questioning of the subject, the legal adviser may request the prescribed authority for an opportunity to address the prescribed authority on a matter.

Note:          The prescribed authority may set breaks between periods of questioning by giving directions under section 34K. Paragraphs 34R(13)(b) to (d) also contain examples of procedural breaks in questioning.

             (8)  The prescribed authority must approve or refuse a request under subsection (7).

Removal of legal adviser for disrupting questioning

             (9)  If the prescribed authority considers the legal adviser's conduct is unduly disrupting the questioning, the authority may direct a person exercising authority under the warrant to remove the legal adviser from the place where the questioning is occurring.

           (10)  If the prescribed authority directs the removal of the legal adviser, the prescribed authority must also direct under paragraph 34K(1)(d) that the subject may contact someone else as a legal adviser. Subsection 34K(2) does not prevent the prescribed authority from giving the direction under paragraph 34K(1)(d) in accordance with this subsection.

If legal adviser also represents young person

           (11)  If section 34ZR also applies to the legal adviser in another capacity in relation to the subject, this section does not apply to conduct of the legal adviser in that other capacity.



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