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COMMONWEALTHAct
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s 34AA

Meaning of minor’s representative

In force
Part IIIFunctions and powers of Organisation
Division 3Compulsory questioning powers
Subdivision AGeneral provisions

34AA Meaning of minor’s representative

(1)

A person is a minor’s representative for the subject of a minor questioning warrant if the person is:

(a)

a parent of the subject; or

(b)

a guardian of the subject; or

(c)

another person who meets the requirements in subsection (2).

(2)

A person meets the requirements of this subsection if the person:

(a)

is able to represent the subject’s interests; and

(b)

is, as far as practicable in the circumstances, acceptable to the subject and, if applicable, to the prescribed authority; and

(c)

is not one of the following:

(i)

a police officer;

(ii)

the Director‑General;

(iii)

an ASIO employee or an ASIO affiliate;

(iv)

a person approved under section 24.

Note:

A lawyer for the subject of a minor questioning warrant, including a lawyer appointed under paragraph 34FC(2)(a) or (3)(b), may also be a minor’s representative for the subject if the lawyer meets the requirements of this subsection.

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