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COMMONWEALTHAct
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s 34GC

Subject of questioning warrant must not leave Australia without permission

In force
Part IIIFunctions and powers of Organisation
Division 3Compulsory questioning powers
Subdivision GOffences

34GC Subject of questioning warrant must not leave Australia without permission

(1)

The subject of a questioning warrant commits an offence if:

(a)

the subject is notified of:

(i)

the issue of the warrant; and

(ii)

the effect of this subsection; and

(b)

the subject leaves Australia; and

(c)

the leaving occurs:

(i)

after the subject is notified as mentioned in paragraph (a); and

(ii)

before the end of the period specified in the warrant as the period during which the warrant is to be in force; and

(d)

the subject does not have written permission from the Director‑General to leave Australia at the time the subject leaves Australia.

Note:

A notice of the issue of a questioning warrant under subparagraph (a)(i) may be given under section 34BH or otherwise.

Penalty: Imprisonment for 5 years.

(2)

The Director‑General may give written permission for the subject of a questioning warrant to leave Australia at a specified time. The permission may be given either unconditionally or subject to specified conditions.

Note:

The Director‑General may revoke or amend the permission: see subsection 33(3) of the Acts Interpretation Act 1901.

(3)

If a permission under subsection (2) is given subject to a condition and the condition is not met, the permission is not in force.

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Section 34GC — Subject of questioning warrant must not leave Australia without permission — Australian Security Intelligence Organisation Act 1979 (Commonwealth) — Barrister AI