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COMMONWEALTHAct
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s 34AF

Written statement of procedures

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

34AF Written statement of procedures

(1)

The Director‑General may prepare a written statement of procedures to be followed in the exercise of authority under a questioning warrant.

Consultation

(2)

The Director‑General must consult the following about the preparation of the statement:

(a)

the Inspector‑General of Intelligence and Security;

(b)

the Commissioner of the Australian Federal Police.

Approval by Attorney‑General

(3)

The Director‑General must give the statement to the Attorney‑General for approval.

(4)

The Attorney‑General must approve or refuse to approve the statement.

Approved statement is a legislative instrument

(5)

A statement approved by the Attorney‑General is a legislative instrument made by the Attorney‑General on the day on which the statement is approved, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the statement.

Note:

Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the statement: see regulations made for the purposes of paragraph 54(2)(b) of that Act.

Briefing of Parliamentary Joint Committee on Intelligence and Security

(6)

The Director‑General must brief the Parliamentary Joint Committee on Intelligence and Security on the statement after it is approved by the Attorney‑General. The briefing may be done orally or in writing.

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