Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Anyone exercising authority under a warrant issued under this Division must not question a person under the warrant if the person has been questioned under the warrant for a total of 8 hours, unless the prescribed authority before whom the person was being questioned just before the end of that 8 hours permits the questioning to continue for the purposes of this subsection.
(2) Anyone exercising authority under a warrant issued under this Division must not question a person under the warrant if the person has been questioned under the warrant for a total of 16 hours, unless the prescribed authority before whom the person was being questioned just before the end of that 16 hours permits the questioning to continue for the purposes of this subsection.
(3) Anyone exercising authority under the warrant may request the prescribed authority to permit the questioning to continue for the purposes of subsection (1) or (2). The request may be made in the absence of:
(a) the person being questioned; and
(b) a legal adviser to that person; and
(c) a parent of that person; and
(d) a guardian of that person; and
(e) another person who meets the requirements of subsection 34ZE(7) in relation to that person; and
(f) anyone the person being questioned is permitted by a direction under section 34K to contact.
(4) The prescribed authority may permit the questioning to continue for the purposes of subsection (1) or (2), but only if he or she is satisfied that:
(a) there are reasonable grounds for believing that permitting the continuation will substantially assist the collection of intelligence that is important in relation to a terrorism offence; and
(b) persons exercising authority under the warrant conducted the questioning of the person properly and without delay in the period mentioned in that subsection.
(5) The prescribed authority may revoke the permission. Revocation of the permission does not affect the legality of anything done in relation to the person under the warrant before the revocation.
(6) Anyone exercising authority under a warrant issued under this Division must not question a person under the warrant if the person has been questioned under the warrant for a total of 24 hours.
Release from detention when further questioning is prohibited
(7) If the warrant is issued under section 34G, the prescribed authority must, at whichever one of the following times is relevant, direct under paragraph 34K(1)(g) that the person be released immediately from detention:
(a) at the end of the period mentioned in subsection (1) or (2), if the prescribed authority does not permit, for the purposes of that subsection, the continuation of questioning;
(b) immediately after revoking the permission, if the permission was given but later revoked;
(c) at the end of the period described in subsection (6).
Subsection 34K(2) does not prevent the prescribed authority from giving a direction in accordance with this subsection.
Extra time for questioning with interpreter present
(8) Subsections (9), (10), (11) and (12) apply if, because of section 34M or 34N, an interpreter is present at any time while a person is questioned under a warrant issued under this Division.
(9) Anyone exercising authority under the warrant must not question the person under the warrant if the person has been questioned under the warrant for a total of 24, 32 or 40 hours, unless the prescribed authority before whom the person was being questioned just before the duration of that questioning reached that total permits the questioning to continue beyond that total for the purposes of this subsection.
(10) Subsections (3), (4) and (5) and paragraph (7)(b) apply in relation to permitting, for the purposes of subsection (9), the questioning to continue beyond a total mentioned in subsection (9) in the same way as they apply in relation to permitting the questioning to continue for the purposes of subsection (1) or (2).
(11) Subsection (6) and paragraph (7)(c) apply as if that subsection referred to a total of 48 hours (instead of 24 hours).
(12) Paragraph (7)(a) applies as if it referred to the time at which the duration of questioning reached the total mentioned in subsection (1), (2) or (9) beyond which the questioning is not permitted to continue.
Time that is not questioning time
(13) For the purposes of working out the time that a person has been questioned under a warrant, disregard the following times:
(a) the time taken by a prescribed authority to inform the person of the matters referred to in section 34J;
(b) any time during which a prescribed authority has deferred questioning of the person under the warrant to allow:
(i) the change of a thing in equipment being used to record the questioning of the person; or
(ii) the person to make a complaint of the kind referred to in paragraph 34J(1)(e); or
(iia) the person to give information of the kind referred to in paragraph 34J(1)(ea); or
(iii) the person to contact a lawyer or another person as provided by this Division; or
(iv) the person to receive medical attention; or
(v) the person to engage in religious practices as required by the person's religion; or
(vi) the person to rest or recuperate;
(c) any time during which a prescribed authority has suspended questioning of the person under the warrant as mentioned in subsection 34Q(4);
(d) any other time determined by a prescribed authority before whom the person appears for questioning.
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