s 34C

Police officer may apprehend subject of questioning warrant in certain circumstances

In force

Apprehension where authorised by warrant

(1)

If a questioning warrant authorises the apprehension of the subject of the warrant, a police officer may apprehend the subject in order to immediately bring the subject before a prescribed authority for questioning under the warrant.

Note 1:

The Attorney‑General may only issue a questioning warrant that authorises the apprehension of the subject of the warrant if:

(a)

the warrant includes an immediate appearance requirement; and

(b)

the Attorney‑General is satisfied of certain matters.

See subsection 34BE(2).

Note 2:

A police officer’s power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Apprehension where certain representations made

(2)

If:

(a)

a questioning warrant includes an immediate appearance requirement; and

(b)

the warrant does not authorise the apprehension of the subject of the warrant; and

(c)

at the time the subject is given notice of the requirement in accordance with section 34BH, the subject makes a representation that the subject intends to:

(i)

alert a person involved in an activity prejudicial to security that the activity is being investigated; or

(ii)

not appear before the prescribed authority; or

(iii)

destroy, damage or alter, or cause another person to destroy, damage or alter, a record or other thing the subject has been or may be requested in accordance with the warrant to produce;

a police officer may apprehend the subject in order to immediately bring the subject before a prescribed authority for questioning under the warrant.

Note:

A police officer’s power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Apprehension where subject fails to appear

(3)

If the subject of a questioning warrant fails to appear before a prescribed authority as required by:

(a)

the warrant; or

(b)

a direction given by the prescribed authority under subsection 34DE(1);

a police officer may apprehend the subject in order to immediately bring the subject before the prescribed authority for questioning under the warrant.

Note:

A police officer’s power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Definitions

(4)

In this section, representation includes:

(a)

an express or implied representation (whether oral or in writing); and

(b)

a representation that could be inferred from conduct; and

(c)

a representation not intended by its maker to be communicated to or seen by another person; and

(d)

a representation that for any reason is not communicated.

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