Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34ZE

Rules for persons under 16

             (1)  A warrant issued under this Division has no effect if the person specified in it is under 16.

             (2)  If a person appears before a prescribed authority for questioning as a result of the issue of a warrant under this Division and the prescribed authority is satisfied on reasonable grounds that the person is under 16, the prescribed authority must, as soon as practicable:

                     (a)  give a direction that the person is not to be questioned; and

                     (b)  if the person is in detention--give a direction under paragraph 34K(1)(g) that the person be released from detention.

             (3)  Subsection 34K(2) does not prevent the prescribed authority from giving a direction in accordance with paragraph (2)(b) of this section.

Rules for persons who are at least 16 but under 18

             (4)  If the Director‑General seeks the Minister's consent to request the issue of a warrant under this Division in relation to a person and the Minister is satisfied on reasonable grounds that the person is at least 16 but under 18, the Minister may consent only if he or she is satisfied on reasonable grounds that:

                     (a)  it is likely that the person will commit, is committing or has committed a terrorism offence; and

                     (b)  the draft warrant to be included in the request will meet the requirements in subsection (6).

             (5)  An issuing authority may issue a warrant under this Division relating to a person whom the authority is satisfied on reasonable grounds is at least 16 but under 18 only if the draft warrant included in the request for the warrant meets the requirements in subsection (6).

Note:          Section 34E or 34G requires that a warrant issued under that section be in the same form as the draft warrant included in the request.

             (6)  If subsection (4) or (5) applies, the draft warrant must:

                     (a)  if the warrant authorises the person to be taken into custody and detained--permit the person to contact, at any time when the person is in custody or detention authorised by the warrant:

                              (i)  a parent or guardian of the person; and

                             (ii)  if it is not acceptable to the person to be questioned in the presence of one of his or her parents or guardians--another person who meets the requirements in subsection (7); and

                     (b)  authorise the Organisation to question the person before a prescribed authority:

                              (i)  only in the presence of a parent or guardian of the person or, if that is not acceptable to the person, of another person who meets the requirements in subsection (7); and

                             (ii)  only for continuous periods of 2 hours or less, separated by breaks directed by the prescribed authority.

Note:          The prescribed authority may set the breaks between periods of questioning by giving appropriate directions under paragraph 34K(1)(f) for the person's further appearance before the prescribed authority for questioning.

             (7)  The other person must:

                     (a)  be able to represent the person's interests; and

                     (b)  as far as practicable in the circumstances, be acceptable to the person and to the prescribed authority; and

                     (c)  not be one of the following:

                              (i)  a police officer;

                             (ii)  the Director‑General;

                            (iii)  an officer or employee of the Organisation;

                            (iv)  a person approved under subsection 24(1).

             (8)  If a person appears before a prescribed authority for questioning under a warrant issued under this Division and the prescribed authority is satisfied on reasonable grounds that the person is at least 16 but under 18, the prescribed authority must, as soon as practicable:

                     (a)  inform the person that the person:

                              (i)  may request that one of the person's parents or guardians or one other person who meets the requirements in subsection (7) be present during the questioning; and

                             (ii)  may contact the person's parents or guardians and another person who meets the requirements in subsection (7), at any time when the person is in custody or detention in connection with the warrant; and

                            (iii)  may contact a single lawyer of the person's choice when the person is in detention in connection with the warrant ; and

                     (b)  if the person requests that one of the person's parents or guardians be present during the questioning--direct everyone proposing to question the person under the warrant not to do so in the absence of the parent or guardian; and

                     (c)  if the person does not request that one of the person's parents or guardians be present during the questioning--direct everyone proposing to question the person under the warrant not to do so in the absence of another person (other than the prescribed authority) who meets the requirements in subsection (7); and

                     (d)  direct under paragraph 34K(1)(d) that the person may contact someone described in subparagraph (a)(ii) of this subsection at any time described in that subparagraph; and

                     (e)  direct everyone proposing to question the person under the warrant that questioning is to occur only for continuous periods of 2 hours or less, separated by breaks directed by the prescribed authority.

Note:          The prescribed authority may set the breaks between periods of questioning by giving appropriate directions under paragraph 34K(1)(f) for the person's further appearance before the prescribed authority for questioning.

             (9)  Subsection 34K(2) does not prevent the prescribed authority from giving a direction in accordance with paragraph (8)(d) of this section.

           (10)  To avoid doubt, paragraphs (6)(b) and (8)(e) do not affect the operation of section 34R.