Australian Security Intelligence Organisation Act 1979

This section applies in relation to the subject of an adult questioning warrant if:

a lawyer for the subject is not present while the subject is appearing before a prescribed authority for questioning under the warrant; and

the subject requests at any time that a lawyer for the subject be present during the questioning.

If the warrant includes an immediate appearance requirement, the prescribed authority must, either orally or in writing:

give a direction that:

a specified person (the appointed lawyer) be appointed as the lawyer for the subject; and

the appointed lawyer be present during the questioning; and

the subject be questioned in the presence of the appointed lawyer; and

give a direction that a person exercising authority under the warrant give the subject facilities for contacting a lawyer (a lawyer of choice) other than the appointed lawyer.

If the warrant does not include an immediate appearance requirement, the prescribed authority must, either orally or in writing:

both:

give a direction under paragraph 34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable a lawyer for the subject to be present during the questioning; and

give a direction that a person exercising authority under the warrant give the subject facilities for contacting a lawyer of choice; or

give a direction that the subject may be questioned in the absence of a lawyer for the subject, if:

the prescribed authority is satisfied that such time as is reasonable to enable a lawyer for the subject to be present during the questioning has passed; and

a lawyer for the subject is not present during the questioning.

If:

a direction under paragraph (2)(a) is in force in relation to the appointed lawyer for the subject of an adult questioning warrant; and

both the appointed lawyer and a lawyer of choice are present during the questioning;

give a direction under paragraph 34DE(1)(d) deferring questioning of the subject for such time as the prescribed authority considers reasonable to enable:

the appointed lawyer to brief the lawyer of choice; and

the lawyer of choice to provide advice to the subject; and

revoke the direction under paragraph (2)(a).

If a direction under paragraph (2)(a) is in force in relation to the appointed lawyer for the subject of an adult questioning warrant, the direction is revoked if the subject voluntarily chooses to be questioned under the warrant in the absence of a lawyer.