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COMMONWEALTHAct
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s 34DM

Suspension of questioning etc. in response to concern of Inspector‑General of Intelligence and Security

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

34DM Suspension of questioning etc. in response to concern of Inspector‑General of Intelligence and Security

(1)

This section applies if the Inspector‑General of Intelligence and Security is concerned about impropriety or illegality in connection with the exercise or purported exercise of powers under this Division in relation to the subject of a questioning warrant.

Note:

For example, the Inspector‑General may be concerned because the Inspector‑General has been present at a questioning in accordance with section 34JB.

(2)

When the subject is appearing before a prescribed authority for questioning under the warrant, the Inspector‑General:

(a)

may inform the prescribed authority of the Inspector‑General’s concern; and

(b)

must, as soon as practicable after informing the prescribed authority, inform the Director‑General of the concern.

(3)

The prescribed authority must consider the Inspector‑General’s concern.

(4)

The prescribed authority may give a direction suspending:

(a)

questioning of the subject under the warrant; or

(b)

the exercise of another power under this Division that is specified in the direction;

until the prescribed authority is satisfied that the Inspector‑General’s concern has been satisfactorily addressed.

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