Warrant under Part III Division 3 of the Australian Security Intelligence Organisation Act 1979
31 Warrant under Part III Division 3 of the Australian Security Intelligence Organisation Act 1979
This section applies if —
a person is in detention under a preventative detention order;
a warrant under the ASIO Act Part III Division 3 is in force in relation to the person; and
a copy of the warrant is given to the police officer who is detaining the person under the preventative detention order.
The police officer must take such steps as are necessary to ensure that the person may be dealt with in accordance with the warrant.
Without limiting subsection (2), the police officer may, under section 32, release the person from detention under the preventative detention order so that the person may be dealt with in accordance with the warrant.
To avoid doubt, the fact that the person is released from detention under the preventative detention order so that the person may be —
questioned under the warrant before a prescribed authority appointed under the ASIO Act section 34B; or
detained under the warrant in connection with that questioning,
does not extend the period for which the preventative detention order remains in force in relation to the person.
[Section 31 amended: No. 1 of 2008 s. 4.]
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