Communications while apprehended
34CB Communications while apprehended
The subject of a questioning warrant who is apprehended under this Division is not permitted to contact, and may be prevented from contacting, any person at any time during the period:
beginning when the subject is apprehended; and
ending when the subject appears before a prescribed authority for questioning under the warrant.
However:
the subject may contact any or all of the following:
a lawyer;
if the warrant is a minor questioning warrant—a minor’s representative for the subject;
any other person the subject is permitted to contact by the warrant, or by a direction given under paragraph 34DE(1)(b); and
subsection (1) does not affect the following:
the operation of the Inspector‑General of Intelligence and Security Act 1986 in relation to contact between the subject and the Inspector‑General of Intelligence and Security;
the operation of section 7 of the Ombudsman Act 1976 in relation to contact between the subject and the Ombudsman in respect of a complaint, or proposed complaint, about the Australian Federal Police;
the subject’s right to make a complaint to a complaints agency in relation to the police force or police service of the State or Territory concerned; and
any person apprehending the subject under this Division must, if requested by the subject, give the subject facilities for the following:
contacting a person mentioned in paragraph (a);
contacting the Inspector‑General of Intelligence and Security;
contacting the Ombudsman to make a complaint under section 7 of the Ombudsman Act 1976;
contacting the Commissioner of the Australian Federal Police to give information under section 40SA of the Australian Federal Police Act 1979;
contacting a complaints agency to make a complaint of the kind mentioned in subparagraph (b)(iii).
For the purposes of paragraph (a), section 34F provides for the subject of a questioning warrant to contact a lawyer for the purpose of obtaining legal advice in relation to the warrant and, if the warrant is a minor questioning warrant, to also contact a minor’s representative.
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