Meaning of questioning material and subject
34AB Meaning of questioning material and subject
Questioning material is:
any information given by a person while before a prescribed authority for questioning under a questioning warrant; or
a record or other thing produced by a person while before a prescribed authority for questioning under a questioning warrant; or
any information that might enable a person, who has appeared before a prescribed authority for questioning under a questioning warrant, to be identified; or
the fact that a person has appeared, or is required to appear, before a prescribed authority for questioning under a questioning warrant.
To avoid doubt, information, a record or a thing is not covered by paragraph (1)(a) or (b) to the extent that it is obtained otherwise than before a prescribed authority under a questioning warrant.
Before a record is produced before a prescribed authority, a copy of the record is obtained when executing a search warrant. The copy obtained under the search warrant is not questioning material.
The subject is:
for questioning material—the person referred to in paragraph (1)(a), (b), (c) or (d); or
for derivative material—the person who is the subject for the questioning material from which the derivative material was obtained.
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