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COMMONWEALTHAct
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s 34DL

Time that is not questioning time

In force
Part IIIFunctions and powers of Organisation
Division 3Compulsory questioning powers
Subdivision DMatters relating to questioning under questioning warrants

34DL Time that is not questioning time

For the purposes of working out the time that the subject of a questioning warrant has been questioned under the warrant, disregard the following times:

(a)

the time taken by a prescribed authority to inform the subject of the matters referred to in section 34DC and, if applicable, section 34DD;

(b)

any time during which a prescribed authority has deferred questioning of the subject under the warrant to allow:

(i)

the change of a thing in equipment being used to record the questioning of the subject; or

(ii)

the subject to make a complaint of the kind referred to in paragraph 34DC(1)(i); or

(iii)

the subject to give information of the kind referred to in paragraph 34DC(1)(j); or

(iv)

the subject to contact a lawyer or another person as provided by this Division; or

(v)

a lawyer to be present in accordance with a direction given under paragraph 34FB(2)(a) or 34FC(2)(a) or (3)(b); or

(vi)

the subject to receive medical attention; or

(vii)

the subject to engage in religious practices in accordance with the subject’s religion; or

(viii)

the subject to rest or recuperate;

(c)

any time during which a prescribed authority has suspended questioning of the subject under the warrant as mentioned in paragraph 34DM(4)(a);

(d)

any other time determined by a prescribed authority before whom the subject appears for questioning.

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