Commonwealth Consolidated Acts

AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34ZR

             (1)  This section applies in relation to a person (the representative ) who:

                     (a)  is either:

                              (i)  the parent or guardian of a person (the subject ) specified in a warrant issued under this Division; or

                             (ii)  another person who meets the requirements in subsection 34ZE(7) in relation to the subject; and

                     (b)  either:

                              (i)  is or has been contacted by the subject as permitted by the warrant or a direction under paragraph 34K(1)(d); or

                             (ii)  is or has been present when the subject was before a prescribed authority for questioning under the warrant.

             (2)  If a prescribed authority considers the representative's conduct is unduly disrupting questioning of the subject, the authority may direct a person exercising authority under the warrant to remove the representative from the place where the questioning is occurring.

             (3)  If the prescribed authority directs the removal of the representative, the prescribed authority must also:

                     (a)  inform the subject that the subject:

                              (i)  may request that one of the subject's parents or guardians or one other person who meets the requirements in subsection 34ZE(7), other than the representative, be present during the questioning; and

                             (ii)  may contact a person covered by subparagraph (i) to request the person to be present during the questioning; and

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

                     (c)  if the subject does not request that one of the subject's parents or guardians, other than the representative, be present during the questioning--direct everyone proposing to question the subject under the warrant not to do so in the absence of another person (other than the prescribed authority) who meets the requirements in subsection 34ZE(7); and

                     (d)  direct under paragraph 34K(1)(d) that the subject may contact a person covered by subparagraph (a)(i) of this subsection to request the person to be present during the questioning.

Subsection 34K(2) does not prevent the prescribed authority from giving the direction under paragraph 34K(1)(d) in accordance with this subsection.