Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34G

Issue of warrant

             (1)  An issuing authority may issue a warrant under this section relating to a person, but only if:

                     (a)  the Director‑General has requested it in accordance with subsection 34F(7); and

                     (b)  the issuing authority is satisfied that there are reasonable grounds for believing that the warrant will substantially assist the collection of intelligence that is important in relation to a terrorism offence.

Previous detention

             (2)  If the person has already been detained under this Division in connection with one or more warrants (the earlier warrants ) issued under this Division:

                     (a)  the issuing authority must take account of those facts in deciding whether to issue the warrant requested; and

                     (b)  the issuing authority may issue the warrant requested only if the authority is satisfied that:

                              (i)  the issue of that warrant is justified by information additional to or materially different from that known to the Director‑General at the time the Director‑General sought the Minister's consent to request the issue of the last of the earlier warrants issued before the seeking of the Minister's consent to the request for the issue of the warrant requested; and

                             (ii)  the person is not being detained under this Division in connection with one of the earlier warrants.

This subsection has effect in addition to subsection (1).

What the warrant authorises

             (3)  The warrant must, in the same terms as the draft warrant given to the issuing authority as part of the request, do the following:

                     (a)  authorise a specified person to be:

                              (i)  taken into custody immediately by a police officer; and

                             (ii)  brought before a prescribed authority immediately for questioning under the warrant; and

                            (iii)  detained under arrangements made by a police officer for the period described in subsection (4);

                     (b)  permit the person to contact identified persons at specified times when the person is in custody or detention authorised by the warrant.

             (4)  The period starts when the person is first brought before a prescribed authority under the warrant and ends at the first time one of the following events happens:

                     (a)  someone exercising authority under the warrant informs the prescribed authority before whom the person is appearing for questioning that the Organisation does not have any further request described in paragraph (7)(a) to make of the person;

                     (b)  section 34R prohibits anyone exercising authority under the warrant from questioning the person under the warrant;

                     (c)  the passage of 168 hours starting when the person was first brought before a prescribed authority under the warrant.

Contacting persons

             (5)  The warrant may identify someone whom the person is permitted to contact by reference to the fact that he or she is a lawyer of the person's choice or has a particular legal or familial relationship with the person. This does not limit the ways in which the warrant may identify persons whom the person is permitted to contact.

Note 1:       The warrant may identify persons by reference to a class. See subsection 46(3) of the Acts Interpretation Act 1901 .

Note 2:       Section 34K permits the person to contact the Inspector‑General of Intelligence and Security , the Ombudsman and a person referred to in paragraph 40SB(3)(b) of the Australian Federal Police Act 1979 while the person is in custody or detention, so the warrant must identify them.

Note 3:       A warrant issued under this section must permit the person to contact a single lawyer of the person's choice, so the warrant must identify such a lawyer.

             (6)  The warrant may specify times when the person is permitted to contact someone identified as a lawyer of the person's choice by reference to the fact that the times are:

                     (a)  while the person is in detention in connection with the warrant; and

                     (b)  after:

                              (i)  the person has been brought before a prescribed authority for questioning; and

                             (ii)  the person has informed the prescribed authority, in the presence of a person exercising authority under the warrant, of the identity of the lawyer whom the person proposes to contact; and

                            (iii)  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.

Warrant must authorise certain actions by the Organisation

             (7)  Also, the warrant must, in the same terms as the draft warrant given to the issuing authority as part of the request:

                     (a)  authorise the Organisation, subject to any restrictions or conditions, to question the person before a prescribed authority by requesting the person to do either or both of the following:

                              (i)  give information that is or may be relevant to intelligence that is important in relation to a terrorism offence;

                             (ii)  produce records or things that are or may be relevant to intelligence that is important in relation to a terrorism offence; and

                     (b)  authorise the Organisation, subject to any restrictions or conditions, to make copies and/or transcripts of a record produced by the person before a prescribed authority in response to a request in accordance with the warrant.

Warrant to be signed and to specify the period it is in force

             (8)  Also, the warrant must:

                     (a)  be signed by the issuing authority who issues it; and

                     (b)  specify the period during which the warrant is to be in force, which must not be more than 28 days.