Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34J

             (1)  When a person first appears before a prescribed authority for questioning under a warrant issued under this Division, the prescribed authority must inform the person of the following:

                     (a)  whether the warrant authorises detention of the person by a police officer and, if it does, the period for which the warrant authorises detention of the person;

                     (b)  what the warrant authorises the Organisation to do;

                     (c)  the effect of section 34L (including the fact that the section creates offences);

                     (d)  the period for which the warrant is in force;

                     (e)  the person's right to make a complaint orally or in writing:

                              (i)  to the Inspector‑General of Intelligence and Security under the Inspector‑General of Intelligence and Security Act 1986 in relation to the Organisation; or

                             (ii)  to the Ombudsman under the Ombudsman Act 1976 in relation to the Australian Federal Police;

                            (iii)  to a complaints agency in relation to the police force or police service of the State or Territory concerned;

                    (ea)  the person's right to give information orally or in writing, under Division 2 of Part V of the Australian Federal Police Act 1979 , to a person referred to in subsection 40SA(1) of that Act in relation to the Australian Federal Police;

                      (f)  the fact that the person may seek from a federal court a remedy relating to the warrant or the treatment of the person in connection with the warrant;

                     (g)  whether there is any limit on the person contacting others and, if the warrant permits the person to contact identified persons at specified times when the person is in custody or detention authorised by the warrant, who the identified persons are and what the specified times are.

             (2)  To avoid doubt, subsection (1) does not apply to a prescribed authority if the person has previously appeared before another prescribed authority for questioning under the warrant.

             (3)  The prescribed authority before whom the person appears for questioning must inform the person of the role of the prescribed authority. In particular, the prescribed authority must inform the person that the role of the prescribed authority includes:

                     (a)  supervising the questioning of the person; and

                     (b)  giving appropriate directions under section 34K in relation to the person.

             (4)  The prescribed authority before whom the person appears for questioning must inform the person of the reason for the presence of each other person who is present at any time during the questioning. However:

                     (a)  the prescribed authority must not name any person except with the consent of the person to be named; and

                     (b)  the obligation to inform the person being questioned about a particular person's reason for presence need only be complied with once (even if that particular person subsequently returns to the questioning).

             (5)  At least once in every 24‑hour period during which questioning of the person under the warrant occurs, the prescribed authority before whom the person appears for questioning must inform the person of the fact that the person may seek from a federal court a remedy relating to the warrant or the treatment of the person in connection with the warrant.

Note:          For example, the person may be able to apply to the Federal Court of Australia under subsection 39B(1) of the Judiciary Act 1903 , or the High Court of Australia under paragraph 75(v) of the Constitution, for a remedy in relation to the warrant or the treatment of the person in connection with the warrant.