AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34C Police officer may apprehend subject of questioning warrant in certain circumstances

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34C

Apprehension where authorised by warrant

  (1)   If a questioning warrant authorises the apprehension of the subject of the warrant, a police officer may apprehend the subject in order to immediately bring the subject before a prescribed authority for questioning under the warrant.

Note 1:   The Attorney - General may only issue a questioning warrant that authorises the apprehension of the subject of the warrant if:

(a)   the warrant includes an immediate appearance requirement; and

(b)   the Attorney - General is satisfied of certain matters.

See subsection   34BE(2).

Note 2:   A police officer's power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Apprehension where certain representations made

  (2)   If:

  (a)   a questioning warrant includes an immediate appearance requirement; and

  (b)   the warrant does not authorise the apprehension of the subject of the warrant; and

  (c)   at the time the subject is given notice of the requirement in accordance with section   34BH, the subject makes a representation that the subject intends to:

  (i)   alert a person involved in an activity prejudicial to security that the activity is being investigated; or

  (ii)   not appear before the prescribed authority; or

  (iii)   destroy, damage or alter, or cause another person to destroy, damage or alter, a record or other thing the subject has been or may be requested in accordance with the warrant to produce;

a police officer may apprehend the subject in order to immediately bring the subject before a prescribed authority for questioning under the warrant.

Note:   A police officer's power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Apprehension where subject fails to appear

  (3)   If the subject of a questioning warrant fails to appear before a prescribed authority as required by:

  (a)   the warrant; or

  (b)   a direction given by the prescribed authority under subsection   34DE(1);

a police officer may apprehend the subject in order to immediately bring the subject before the prescribed authority for questioning under the warrant.

Note:   A police officer's power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Definitions

  (4)   In this section, representation includes:

  (a)   an express or implied representation (whether oral or in writing); and

  (b)   a representation that could be inferred from conduct; and

  (c)   a representation not intended by its maker to be communicated to or seen by another person; and

  (d)   a representation that for any reason is not communicated.