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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34AB Meaning of questioning material and subject

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34AB

Meaning of questioning material and subject

  (1)   Questioning material is:

  (a)   any information given by a person while before a prescribed authority for questioning under a questioning warrant; or

  (b)   a record or other thing produced by a person while before a prescribed authority for questioning under a questioning warrant; or

  (c)   any information that might enable a person, who has appeared before a prescribed authority for questioning under a questioning warrant, to be identified; or

  (d)   the fact that a person has appeared, or is required to appear, before a prescribed authority for questioning under a questioning warrant.

  (2)   To avoid doubt, information, a record or a thing is not covered by paragraph   (1)(a) or (b) to the extent that it is obtained otherwise than before a prescribed authority under a questioning warrant.

Example:   Before a record is produced before a prescribed authority, a copy of the record is obtained when executing a search warrant. The copy obtained under the search warrant is not questioning material.

  (3)   The subject is:

  (a)   for questioning material--the person referred to in paragraph   (1)(a), (b), (c) or (d); or

  (b)   for derivative material--the person who is the subject for the questioning material from which the derivative material was obtained.