Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34D

Seeking of Minister's consent to request for warrant

             (1)  The Director‑General may seek the Minister's consent to request the issue of a warrant under section 34E in relation to a person.

             (2)  To avoid doubt, this section operates in relation to a request for the issue of a warrant under section 34E in relation to a person, even if a request for the issue of a warrant under this Division has previously been made in relation to the person.

             (3)  In seeking the Minister's consent, the Director‑General must give the Minister a draft request that includes:

                     (a)  a draft of the warrant to be requested; and

                     (b)  a statement of the facts and other grounds on which the Director‑General considers it necessary that the warrant should be issued; and

                     (c)  a statement of the particulars and outcomes of all previous requests for the issue of a warrant under this Division relating to the person; and

                     (d)  if one or more warrants were issued under this Division as a result of the previous requests--a statement of:

                              (i)  the period for which the person has been questioned under each of those warrants before the draft request is given to the Minister; and

                             (ii)  if any of those warrants authorised the detention of the person--the period for which the person has been detained in connection with each such warrant before the draft request is given to the Minister.

Minister's consent to making of request

             (4)  The Minister may, by writing, consent to the making of the request, but only if the Minister is satisfied:

                     (a)  that there are reasonable grounds for believing that issuing the warrant to be requested will substantially assist the collection of intelligence that is important in relation to a terrorism offence; and

                     (b)  that relying on other methods of collecting that intelligence would be ineffective; and

                     (c)  that there is in force under section 34C a written statement of procedures to be followed in the exercise of authority under warrants issued under this Division.

The Minister may make his or her consent subject to changes being made to the draft request.

             (5)  In consenting to the making of a request, the Minister must ensure that the warrant to be requested is to:

                     (a)  permit the person 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)  permit the person 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 section 34E.

Form of request

             (6)  If the Minister has consented under subsection (4), the Director‑General may request the warrant by giving an issuing authority :

                     (a)  a request that is the same as the draft request except for the changes (if any) required by the Minister; and

                     (b)  a copy of the Minister's consent.