Australian Security Intelligence Organisation Act 1979

This section applies in relation to a minor’s representative for the subject of a minor questioning warrant who either:

is, or has been, contacted by the subject as permitted by the warrant or a direction given by a prescribed authority; or

is, or has been, present when the subject was before a prescribed authority for questioning under the warrant.

If a prescribed authority considers that the minor’s representative’s conduct is unduly disrupting questioning of the subject, the prescribed authority may, subject to subsection (3), direct a person exercising authority under the warrant to remove the minor’s representative from the place where the questioning is occurring.

If the prescribed authority directs the removal of the minor’s representative:

the prescribed authority must inform the subject that:

the subject may request that another minor’s representative (a replacement representative) for the subject be present during the questioning; and

the subject may contact a replacement representative to request that the replacement representative be present during the questioning; and

the prescribed authority must direct that:

the subject may contact a replacement representative to request that the replacement representative be present during the questioning; and

a person exercising authority under the warrant must give the subject facilities for contacting a replacement representative.

If:

the prescribed authority informs the subject under subsection (3); and

a lawyer for the subject is present during the questioning; and

the subject requests that a replacement representative (other than the lawyer) be present during the questioning;

if the warrant includes an immediate appearance requirement—give a direction that the subject may be questioned under the warrant in the absence of the replacement representative; and

if the warrant does not include an immediate appearance requirement—do either or both of the following:

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 replacement representative to be present during the questioning;

if the prescribed authority is satisfied that such time as is reasonable to enable the replacement representative to be present during the questioning has passed—give a direction that the subject may be questioned under the warrant in the absence of the replacement representative.

If a prescribed authority gives a direction under this subsection that the subject of a minor questioning warrant be questioned in the absence of a replacement representative, the lawyer for the subject is also the minor’s representative for the subject until the replacement representative is present.

If:

the prescribed authority informs the subject under subsection (3); and

a lawyer for the subject is present during the questioning; and

the subject voluntarily chooses not to request that a replacement representative (other than the lawyer) be present during the questioning;

If a prescribed authority gives a direction under this subsection that the subject of a minor questioning warrant be questioned in the absence of a replacement representative, the lawyer for the subject is also the minor’s representative for the subject.