one or more computers; or

one or more computer systems; or

one or more computer networks; or

any combination of the above.

(ba) acts that are offences punishable under Subdivision A of Criminal Code; orDivision 72, or Part 5.3, of the

espionage;

politically motivated violence;

acts of foreign interference;

(a) for a proceeding under the Proceeds of Crime Act 2002—the person is a suspect (within the meaning of that Act) for the proceeding; or

for a proceeding under a law of a State or Territory—the person is in a corresponding category for that law.

a device that a person may use to communicate information to another person; or

a surveillance device (within the meaning of Division 2).

that is appointed or established by a law of a State or Territory; and

that is permitted or required to investigate complaints about the police force or police service of the State or Territory;

(a) the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002; or

a corresponding law within the meaning of either of those Acts;

a prosecution for an offence against a law of the Commonwealth or of a State or Territory; or

a confiscation proceeding.

a weapon; or

any other thing that is or could be used in a dangerous or threatening way.

to make available; and

to disclose copies, contents or descriptions of that material.

(a) a charge against a person is imminent if:

the person is under arrest for an offence, but has not been charged with the offence; or

a person with authority to commence a process for prosecuting the person for an offence has decided to commence, but not yet commenced, the process; or

(b) a confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but not yet commenced, the proceeding.

is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and

holds a practising certificate granted under a law of a State or Territory.

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

a special member of the Australian Federal Police (within the meaning of that Act);

a member of the police force or police service of a State or Territory.

(a) a use or disclosure of questioning material or derivative material is a post-charge use or disclosure if the use or disclosure happens at a time when:

the subject for the material has been charged with a related offence and that charge is still to be resolved; or

such a charge is imminent; or

(b) material is post-charge questioning material if the material becomes questioning material at a time when:

the subject for the material has been charged with a related offence and that charge is still to be resolved; or

such a charge is imminent; or

(c) questioning under a questioning warrant is post-charge questioning if the questioning commences at a time when:

the subject of the warrant has been charged with a related offence and that charge is still to be resolved; or

such a charge is imminent; or

(d) a questioning warrant is a post-charge questioning warrant if the warrant is issued at a time when:

the subject of the warrant has been charged with a related offence and that charge is still to be resolved; or

such a charge is imminent.

(a) a use or disclosure of questioning material or derivative material is a post-confiscation application use or disclosure if the use or disclosure happens at a time when:

a related confiscation proceeding has commenced against the subject for the material and that proceeding is still to be resolved; or

such a proceeding is imminent; or

(b) material is post-confiscation application questioning material if the material becomes questioning material at a time when:

a related confiscation proceeding has commenced against the subject for the material and that proceeding is still to be resolved; or

such a proceeding is imminent; or

(c) questioning under a questioning warrant is post-confiscation application questioning if the questioning commences at a time when:

a related confiscation proceeding has commenced against the subject of the warrant and that proceeding is still to be resolved; or

such a proceeding is imminent; or

(d) a questioning warrant is a post-confiscation application questioning warrant if the warrant is issued at a time when:

a related confiscation proceeding has commenced against the subject of the warrant and that proceeding is still to be resolved; or

such a proceeding is imminent.

(a) a use or disclosure of questioning material or derivative material is a pre-charge use or disclosure if the use or disclosure happens at a time when:

the subject for the material has not been charged with a related offence, and such a charge is not imminent; or

all such charges have been resolved; or

(b) material is pre-charge questioning material if the material becomes questioning material at a time when:

the subject for the material has not been charged with a related offence, and such a charge is not imminent; or

all such charges have been resolved; or

(c) questioning under a questioning warrant is pre-charge questioning if the questioning commences at a time when:

the subject of the warrant has not been charged with a related offence, and such a charge is not imminent; or

all such charges have been resolved.

(a) a use or disclosure of questioning material or derivative material is a pre-confiscation application use or disclosure if the use or disclosure happens at a time when:

a related confiscation proceeding has not commenced against the subject for the material, and such a proceeding is not imminent; or

all such proceedings have been resolved; or

(b) material is pre-confiscation application questioning material if the material becomes questioning material at a time when:

a related confiscation proceeding has not commenced against the subject for the material, and such a proceeding is not imminent; or

all such proceedings have been resolved; or

(c) questioning under a questioning warrant is pre-confiscation application questioning if the questioning commences at a time when:

a related confiscation proceeding has not commenced against the subject of the warrant, and such a proceeding is not imminent; or

all such proceedings have been resolved.

(a) a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002; or

(b) an authority of a State or Territory responsible for conducting a confiscation proceeding under a corresponding law (within the meaning of the Proceeds of Crime Act 2002).

who is a prosecuting authority or is employed or engaged by a prosecuting authority; and

who:

makes, or is involved in the making of, a decision whether to prosecute the subject for a related offence; or

is one of the individuals engaging in such a prosecution of the subject.

an adult questioning warrant; or

a minor questioning warrant.

in relation to a questioning warrant—means the person specified in the warrant; or

for questioning material or derivative material—has the meaning given by subsection 34AB(3).

the High Court; or

the Federal Court of Australia; or

the Family Court of Australia or of a State; or

the Supreme Court of a State or Territory; or

the District Court (or equivalent) of a State or Territory.

the person walks, or is moved, through screening equipment at the place; or

handheld screening equipment is passed over or around the person or around things that are at the place and in the person’s possession or control; or

things that are at the place and in the person’s possession or control are passed through screening equipment or examined by X-ray.

a parent of the subject; or

a guardian of the subject; or

another person who meets the requirements in subsection (2).

is able to represent the subject’s interests; and

is, as far as practicable in the circumstances, acceptable to the subject and, if applicable, to the prescribed authority; and

is not one of the following:

a police officer;

the Director-General;

an ASIO employee or an ASIO affiliate;

a person approved under section 24.

any information given by a person while before a prescribed authority for questioning under a questioning warrant; or

a record or other thing produced by a person while before a prescribed authority for questioning under a questioning warrant; or

any information that might enable a person, who has appeared before a prescribed authority for questioning under a questioning warrant, to be identified; or

the fact that a person has appeared, or is required to appear, before a prescribed authority for questioning under a questioning warrant.

for questioning material—the person referred to in paragraph (1)(a), (b), (c) or (d); or

for derivative material—the person who is the subject for the questioning material from which the derivative material was obtained.

when:

the charge is withdrawn; or

the charge is dismissed; or

the person is not committed on the charge following a committal hearing; or

the person is acquitted of the offence; or

the person is sentenced for the offence; or

the person is dealt with by being the subject of a court order made as a consequence of a finding of guilt; or

the charge is otherwise finally dealt with;

if an appeal relating to the charge is not lodged within the period for lodging such an appeal—when that period ends;

if an appeal relating to the charge is lodged—when the appeal lapses or is finally determined.

when the proceeding is discontinued;

if an appeal relating to the proceeding is not lodged within the period for lodging such an appeal—when that period ends;

if an appeal relating to the proceeding is lodged—when the appeal lapses or is finally determined.

a person who:

has served as a judge in one or more superior courts for a period of at least 5 years; and

no longer holds a commission as a judge of a superior court; or

a person who:

holds an appointment to the Administrative Appeals Tribunal as President or Deputy President; and

is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and

has been enrolled for at least 5 years; or

a person who:

is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and

has engaged in practice as a legal practitioner for at least 10 years; and

holds a practising certificate granted under a law of a State or Territory; and

is a Queen’s Counsel or a Senior Counsel.

an ASIO employee or an ASIO affiliate; or

the Director-General; or

(c) an AGS lawyer (within the meaning of the Judiciary Act 1903); or

an IGIS official; or

(e) a person referred to in subsection 6(1) of the Australian Federal Police Act 1979; or

a staff member of a law enforcement agency (other than the Australian Federal Police); or

a staff member of an intelligence or security agency.

the person has, in writing, consented to being appointed; and

the consent is in force.

whether the person engages in any paid or unpaid work that conflicts, or could conflict, with the proper performance of the person’s duties as a prescribed authority; and

whether the person has any interests, pecuniary or otherwise, that conflict, or could conflict, with the proper performance of the person’s duties as a prescribed authority.

is appointed as a prescribed authority; and

has a material personal interest that relates to the proper performance of the person’s duties as a prescribed authority;

the nature and extent of the interest; and

how the interest relates to the proper performance of the person’s duties as a prescribed authority.

as soon as practicable after the person becomes aware of the interest; and

if there is a change in the nature or extent of the interest after the person has disclosed the interest under this section—as soon as practicable after the person becomes aware of that change.

for misbehaviour; or

if the prescribed authority is unable to perform the duties of a prescribed authority because of physical or mental incapacity; or

if the prescribed authority becomes bankrupt; or

if the prescribed authority fails, without reasonable excuse, to comply with subsection (6), (7) or (8); or

if the prescribed authority engages in paid or unpaid work, or has an interest, pecuniary or otherwise, that, in the Attorney-General’s opinion, conflicts or could conflict with the proper performance of the prescribed authority’s duties.

the Inspector-General of Intelligence and Security;

the Commissioner of the Australian Federal Police.

the warrant; or

a direction given by a prescribed authority in relation to the warrant.

an adult questioning warrant; or

a minor questioning warrant.

in writing; or

if the Director-General reasonably believes that the delay caused by making a written request may be prejudicial to security—orally in person, or by telephone or other means of communication.

a statement of the facts and other grounds on which the Director-General considers it necessary that the warrant should be issued; and

a statement of the particulars and outcomes of any previous requests for the issue of a questioning warrant in relation to the person; and

if one or more warrants were issued as a result of the previous requests—a statement of:

the period for which the person was questioned under each of those warrants; and

whether the person was apprehended in connection with any of those warrants; and

whether the request is for a warrant that includes an immediate appearance requirement; and

if the request is for a warrant that includes an immediate appearance requirement—whether the request is also for a questioning warrant that authorises the apprehension of the person; and

if the request is for a minor questioning warrant—all information known to the Director-General, at the time of the making of the request, about the matters mentioned in subsection 34BB(3).

make a written record of the request that includes:

the day and time the request is made; and

the reasons why the Director-General believes that the delay caused by making a written request may be prejudicial to security; and

the matters mentioned in subsection (4); and

as soon as practicable, and no later than 48 hours after the request is made, provide the written record to:

the Attorney-General; and

the Inspector-General of Intelligence and Security.

the person is at least 18 years old; and

there are reasonable grounds for believing that the warrant will substantially assist the collection of intelligence that is important in relation to an adult questioning matter; and

having regard to other methods (if any) of collecting the intelligence that are likely to be as effective, it is reasonable in all the circumstances for the warrant to be issued; and

if the warrant is a post-charge, or post-confiscation application, questioning warrant—it is necessary, for the purposes of collecting the intelligence, for the warrant to be issued even though:

the person has been charged or the confiscation proceeding has commenced; or

that charge or proceeding is imminent; and

there is in force under section 34AF a written statement of procedures to be followed in the exercise of authority under a questioning warrant.

paragraph (1)(d) had not been enacted; or

paragraph (1)(d) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or

paragraph (1)(d) were, by express provision, confined to dealing with a confiscation proceeding against the person that has commenced or is imminent.

the person is at least 14 years old; and

there are reasonable grounds for believing that the person has likely engaged in, is likely engaged in, or is likely to engage in activities prejudicial to the protection of, and of the people of, the Commonwealth and the several States and Territories from politically motivated violence, whether directed from, or committed within, Australia or not; and

there are reasonable grounds for believing that the warrant will substantially assist the collection of intelligence that is important in relation to a minor questioning matter; and

having regard to other methods (if any) of collecting the intelligence that are likely to be as effective, it is reasonable in all the circumstances for the warrant to be issued; and

if the warrant is a post-charge, or post-confiscation application, questioning warrant—it is necessary, for the purposes of collecting the intelligence, for the warrant to be issued even though:

the person has been charged or the confiscation proceeding has commenced; or

that charge or proceeding is imminent; and

there is in force under section 34AF a written statement of procedures to be followed in the exercise of authority under a questioning warrant.

the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;

the physical and mental health of the person;

the benefit to the person of having a meaningful relationship with the person’s family and friends;

the right of the person to receive an education;

the right of the person to practise the person’s religion;

any other matter the Attorney-General considers relevant.

the matters are known to the Attorney-General; and

the matters are relevant.

paragraph (1)(e) had not been enacted; or

paragraph (1)(e) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or

paragraph (1)(e) were, by express provision, confined to dealing with a confiscation proceeding against the person that has commenced or is imminent.

require the subject of the warrant to appear before a prescribed authority for questioning under the warrant either:

if the warrant includes an immediate appearance requirement—immediately after the subject is given notice of the requirement in accordance with section 34BH; or

at a day and time specified in the warrant; and

subject to subsection (2), authorise the Organisation to question the subject of the warrant before a prescribed authority by requesting the subject to:

if the warrant is an adult questioning warrant—give information, or produce a record or other thing, that is, or may be, relevant to intelligence that is important in relation to an adult questioning matter; or

if the warrant is a minor questioning warrant—give information, or produce a record or other thing, that is, or may be, relevant to intelligence that is important in relation to a minor questioning matter; and

authorise the Organisation to make copies or transcripts of a record produced by the subject while before a prescribed authority for questioning under the warrant.

only in the presence of a minor’s representative for the subject; and

only for continuous periods of 2 hours or less, separated by breaks directed by the prescribed authority.

the subject matter of any charge, or imminent charge, against the subject; and

the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the subject.

subsection (4) had not been enacted; or

subsection (4) were, by express provision, confined to dealing with a charge against the subject or such a charge that is imminent; or

subsection (4) were, by express provision, confined to dealing with a confiscation proceeding against the subject that has commenced or is imminent.

a questioning warrant is to include an immediate appearance requirement under subsection (1); and

the Attorney-General is satisfied that there are reasonable grounds for believing that, if the subject of the warrant is not apprehended, the subject is likely to:

alert a person involved in an activity prejudicial to security that the activity is being investigated; or

not appear before the prescribed authority; or

destroy, damage or alter, or cause another person to destroy, damage or alter, a record or other thing the subject has been or may be requested under the warrant to produce;

a police officer conducts a search of the subject of the warrant under section 34CC; and

a record or other thing is found during the search that the officer reasonably believes is relevant to the collection of intelligence that is important in relation to:

if the warrant is an adult questioning warrant—an adult questioning matter; or

if the warrant is a minor questioning warrant—a minor questioning matter;

a specified record or other thing; or

a specified class of record or other thing;

if the warrant is an adult questioning warrant—an adult questioning matter; or

if the warrant is a minor questioning warrant—a minor questioning matter.

a questioning warrant is in force; and

the subject of the warrant has appeared before a prescribed authority for questioning under the warrant; and

the subject has not been questioned under the warrant for longer than the permitted questioning period or, if applicable, the extra permitted questioning period; and

the Attorney-General is satisfied that it is reasonable and necessary in the circumstances;

require the subject’s further appearance before a prescribed authority for questioning under the warrant; and

include an immediate appearance requirement under subsection (1) in relation to the further appearance.

a questioning warrant is to include the requirements mentioned in paragraphs (5)(e) and (f); and

the Attorney-General is satisfied that there are reasonable grounds for believing that, if the subject of the warrant is not apprehended:

the subject is likely to alert a person involved in an activity prejudicial to security that the activity is being investigated; or

the subject is likely to not comply with the requirements mentioned in paragraphs (5)(e) and (f); or

the subject is likely to destroy, damage or alter, or cause another person to destroy, damage or alter, a record or other thing the subject has been or may be requested under the warrant to produce;

by means of a written document signed by the Attorney-General; or

if the Attorney-General is satisfied that there are reasonable grounds on which to believe that the delay caused by issuing a written warrant may be prejudicial to security—orally in person, or by telephone or other means of communication.

that the warrant authorises the things mentioned in subsection 34BD(1); and

which of the things mentioned in section 34BE are authorised by the warrant (if any); and

the period during which the warrant is to be in force.

a document referred to in paragraph (1)(a);

a written record referred to in subsection (3).

in writing; or

if the Director-General reasonably believes that the delay caused by making a written request may be prejudicial to security—orally in person, or by telephone or other means of communication.

make a written record of the request that includes:

the day and time the request is made; and

the reasons why the Director-General believes that the delay caused by making a written request may be prejudicial to security; and

the matter mentioned in subsection (3); and

whether the request is to vary the warrant to include an immediate appearance requirement; and

whether the request is to vary the warrant to authorise the apprehension of the subject of the warrant; and

any other matter the Director-General considers relevant; and

as soon as practicable, and no later than 48 hours after the request is made, provide the written record to:

the Attorney-General; and

the Inspector-General of Intelligence and Security.

by means of a written document signed by the Attorney-General; or

if the Attorney-General is satisfied that there are reasonable grounds on which to believe that the delay caused by issuing a written variation may be prejudicial to security—orally in person, or by telephone or other means of communication.

a document referred to in paragraph (6)(a);

a written record referred to in subsection (7).

the warrant; and

the place where the subject is required to appear before a prescribed authority for questioning under the warrant; and

either:

if the warrant includes an immediate appearance requirement—the fact that the subject must appear before the prescribed authority for questioning under the warrant immediately after the subject is given notice of the requirement under this section; or

otherwise—the day and time when the subject is required to appear before the prescribed authority for questioning under the warrant; and

the fact that the subject is able to contact a lawyer in accordance with section 34F; and

if the warrant is a minor questioning warrant—the fact that:

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

the subject may be questioned only in the presence of a minor’s representative for the subject; and

the subject’s obligations under sections 34GD and 34GF; and

the subject’s right to make a complaint orally or in writing to:

(i) in relation to the Organisation—the Inspector-General of Intelligence and Security under the Inspector-General of Intelligence and Security Act 1986; or

(ii) in relation to the Australian Federal Police—the Ombudsman under the Ombudsman Act 1976; or

in relation to the police force or police service of a State or Territory—a complaints agency of the State or Territory concerned; and

the fact that the subject may seek from a federal court a remedy relating to the warrant or the treatment of the subject in connection with the warrant.

the warrant as varied; and

the matters mentioned in paragraphs (2)(b) to (h).

the warrant is varied after the subject is given notice of the warrant in accordance with this section; and

the variation may affect the subject’s obligations under the warrant or the information provided in the notice;

the variation; and

the effect of the variation on the subject’s obligations under the warrant.

the revocation; and

the fact that the subject is no longer required to appear before a prescribed authority for questioning under the warrant; and

the effect of section 34GF; and

the subject’s right to contact a lawyer in relation to the warrant at any time.

the warrant includes an immediate appearance requirement; and

the Attorney-General is satisfied of certain matters.

a questioning warrant includes an immediate appearance requirement; and

the warrant does not authorise the apprehension of the subject of the warrant; and

at the time the subject is given notice of the requirement in accordance with section 34BH, the subject makes a representation that the subject intends to:

alert a person involved in an activity prejudicial to security that the activity is being investigated; or

not appear before the prescribed authority; or

destroy, damage or alter, or cause another person to destroy, damage or alter, a record or other thing the subject has been or may be requested in accordance with the warrant to produce;

the warrant; or

a direction given by the prescribed authority under subsection 34DE(1);

an express or implied representation (whether oral or in writing); and

a representation that could be inferred from conduct; and

a representation not intended by its maker to be communicated to or seen by another person; and

a representation that for any reason is not communicated.

a police officer is authorised under section 34C to apprehend the subject of a questioning warrant; and

the officer believes on reasonable grounds that the subject is on particular premises;

beginning when the subject is apprehended; and

ending when the subject appears before a prescribed authority for questioning under the warrant.

the subject may contact any or all of the following:

a lawyer;

if the warrant is a minor questioning warrant—a minor’s representative for the subject;

any other person the subject is permitted to contact by the warrant, or by a direction given under paragraph 34DE(1)(b); and

subsection (1) does not affect the following:

(i) the operation of the Inspector-General of Intelligence and Security Act 1986 in relation to contact between the subject and the Inspector-General of Intelligence and Security;

(ii) the operation of Ombudsman Act 1976 in relation to contact between the subject and the Ombudsman in respect of a complaint, or proposed complaint, about the Australian Federal Police;section 7 of the

the subject’s right to make a complaint to a complaints agency in relation to the police force or police service of the State or Territory concerned; and

any person apprehending the subject under this Division must, if requested by the subject, give the subject facilities for the following:

contacting a person mentioned in paragraph (a);

contacting the Inspector-General of Intelligence and Security;

(iii) contacting the Ombudsman to make a complaint under Ombudsman Act 1976;section 7 of the

(iv) contacting the Commissioner of the Australian Federal Police to give information under Australian Federal Police Act 1979;section 40SA of the

contacting a complaints agency to make a complaint of the kind mentioned in subparagraph (b)(iii).

a questioning warrant is in force; and

the subject of the warrant is apprehended under this Division in connection with the warrant.

beginning when the subject is apprehended; and

ending when the subject appears before a prescribed authority for questioning under the warrant.

a record or other thing is found during a search of the subject of a questioning warrant under this section; and

the record or other thing is:

a seizable item; or

a communication device;

a record or other thing is found during a search of the subject of a questioning warrant under this section; and

the police officer conducting the search reasonably believes that the record or other thing is relevant to the collection of intelligence that is important in relation to:

if the warrant is an adult questioning warrant—an adult questioning matter; or

if the warrant is a minor questioning warrant—a minor questioning matter; and

the warrant authorises the seizure of such a record or other thing;

the item or device is found during a search of the subject of a questioning warrant under this section; and

the item or device is seized by the police officer conducting the search; and

the requirements of paragraphs (5)(b) and (c) are met in relation to the item or device.

apprehending the subject of a questioning warrant in accordance with section 34C, or preventing the escape of the subject from such apprehension; or

conducting an ordinary search or a frisk search of the subject of a questioning warrant under subsection 34CC(2).

to remove and retain any record or other thing produced by the subject of the warrant while before a prescribed authority for questioning under the warrant, or to retain any record or other thing seized under subsection 34CC(5), for the purposes of:

inspecting or examining the record or thing; and

in the case of a record—making copies or transcripts of the record; and

to do any other thing reasonably incidental to:

the things mentioned in paragraph (a); or

any of the things that the Organisation is authorised to do that are specified in the warrant.

if returning the record or other thing would be prejudicial to security—only until returning the record or other thing would no longer be prejudicial to security; and

otherwise—for only such time as is reasonable.

if returning the device would be prejudicial to security—only until returning the device would no longer be prejudicial to security; and

otherwise—for only such time as the prescribed authority before whom the subject is appearing for questioning under the warrant considers reasonable.

undergo a screening procedure at a place;

produce a thing in the person’s possession for inspection or examination, including anything worn or carried by the person that can be conveniently removed by the person;

undergo an ordinary search or a frisk search, if the officer suspects on reasonable grounds that it is prudent to conduct an ordinary search or a frisk search of the person in order to ascertain whether the person is carrying a dangerous item or a communication device.

if returning the device would be prejudicial to security—only until returning the device would no longer be prejudicial to security; and

otherwise—for only such time as the prescribed authority before whom the subject is appearing for questioning under the warrant considers reasonable.

the person requests the officer to return the device; and

at the time of the request, the person has left the questioning place.

in the possession or control of a person while the person undergoes a screening procedure in accordance with paragraph (2)(a); or

produced by a person for inspection or examination in accordance with paragraph (2)(b); or

removed by a person in accordance with subsection (4); or

given by a person to a police officer for safekeeping in accordance with subsection (5);

a police officer makes a request of the person under this section; and

the person does not comply with the request.

a person is the subject of a questioning warrant; and

the person is refused entry under this subsection to the questioning place;

a communication device that is in the possession of, or being used lawfully by:

an ASIO employee; or

an ASIO affiliate; or

an IGIS official; or

a police officer; or

a dangerous item that is in the lawful possession of a police officer.

a communication device;

a dangerous item.

a communication device that is in the possession of:

an ASIO employee; or

an ASIO affiliate; or

an IGIS official; or

a police officer; or

a dangerous item that is in the lawful possession of a police officer; or

a communication device or a dangerous item that is in the possession of the subject, if:

the device or item is seized under section 34CC, or retained under section 34CE or 34D; and

the device or item is returned to the subject for the purpose of complying with a request made by the Organisation in accordance with the warrant; and

the possession is solely for that purpose.

pre-charge questioning or post-charge questioning; or

pre-confiscation application questioning or post-confiscation application questioning.

paragraph (1)(a) were, by express provision, confined to pre-charge questioning; or

paragraph (1)(b) were, by express provision, confined to pre-confiscation application questioning.

what the warrant authorises the Organisation to do;

the period for which the warrant is in force;

the circumstances in which the subject may be apprehended during the period in which the warrant is in force;

the role of the prescribed authority, and in particular that the role includes:

supervising the questioning of the subject; and

giving appropriate directions in relation to the subject;

that the subject is able to contact a lawyer in accordance with section 34F;

the effect of section 34GD (including the fact that the section creates offences);

the effect of section 34GF (including the fact that the section creates offences and allows the prescribed authority to permit certain disclosures to be made);

the subject’s right to apply to the Attorney-General for the provision of financial assistance under section 34JE;

the subject’s right to make a complaint orally or in writing to:

(i) in relation to the Organisation—the Inspector-General of Intelligence and Security under the Inspector-General of Intelligence and Security Act 1986; or

(ii) in relation to the Australian Federal Police—the Ombudsman under the Ombudsman Act 1976; or

in relation to the police force or police service of a State or Territory—a complaints agency of the State or Territory concerned;

(j) the subject’s right to give information orally or in writing, under Australian Federal Police Act 1979, to a person referred to in subsection 40SA(1) of that Act in relation to the Australian Federal Police;Division 2 of Part V of the

the fact that the subject may seek from a federal court a remedy relating to the warrant or the treatment of the subject in connection with the warrant.

inform the subject of the reason for the presence of each person who is present at any time during the questioning; and

at least once in every 24 hour period during which questioning of the subject under the warrant occurs, inform the subject of the fact that the subject may seek from a federal court a remedy relating to the warrant or the treatment of the subject in connection with the warrant.

the prescribed authority must not name any person except with the consent of the person to be named; and

the obligation to inform the subject about the reason for a particular person’s presence need only be complied with once (even if that particular person subsequently returns to the questioning).

inform the subject that a lawyer for the subject must be present during the questioning; and

direct any person proposing to question the subject under the warrant that questioning is to occur only when the lawyer is present; and

(c) inform the subject that the subject may request that a minor’s representative (a non-lawyer representative) for the subject who is not also a lawyer for the subject be present during the questioning; and

if the subject requests that a non-lawyer representative be present during the questioning:

if the warrant includes an immediate appearance requirement—give a direction under paragraphs 34FD(2)(c) and (d); or

if the warrant does not include an immediate appearance requirement—give a direction under paragraph 34FD(3)(c) or (d); and

if the subject voluntarily chooses not to request that a non-lawyer representative be present during the questioning—give a direction under paragraph 34FD(2)(c) or subsection 34FD(4), as the case requires; and

direct any person proposing to question the subject under the warrant that questioning is to occur only for continuous periods of 2 hours or less, separated by breaks directed by the prescribed authority.

a direction in accordance with subsection 34GF(6) permitting the subject to disclose specified information to a specified person;

a direction permitting the subject to contact an identified person (including a person identified by reference to the fact that the person has a particular legal or familial relationship with the subject) or any person, and to disclose information other than specified information while in contact with that person;

a direction under paragraph 34FB(2)(a), 34FC(2)(a) or (3)(b) that a specified lawyer must be present during the questioning;

a direction to defer questioning of the subject under the warrant;

a direction for the subject’s further appearance before the prescribed authority for questioning under the warrant, or for the subject to be excused or released from further attendance at questioning.

the prescribed authority:

has been informed under section 34DM of a concern of the Inspector-General of Intelligence and Security; and

is satisfied that giving the direction is necessary to address the concern satisfactorily; or

the direction has been approved, in writing, by the Attorney-General.

a record or other thing is in the possession or control of a police officer because of the operation of section 34CC, 34CE or 34D; and

(b) a person exercising authority under the warrant requests that the record or thing be returned to the subject for the purpose of enabling the subject to comply with a request (the warrant request) made by the Organisation in accordance with the warrant;

must not be used or disclosed; or

may only be used by, or disclosed to, specified persons in specified ways or on specified conditions;

might prejudice a person’s safety; or

would reasonably be expected to prejudice the fair trial of the subject for the material, if the subject has been charged with a related offence or such a charge is imminent.

the prescribed authority; or

if the subject for the material has been excused or released from further attendance at questioning—the Director-General.

might prejudice a person’s safety; or

would reasonably be expected to prejudice the fair trial of the subject for the material, if the subject has been charged with a related offence or such a charge is imminent.

a person has been charged with an offence before a federal court or a court of a State or Territory; and

the court considers that it may be desirable in the interests of justice that particular questioning material, in respect of which a prescribed authority has given a direction under subsection (1), be made available to the person or to a lawyer representing the person;

the Director-General makes questioning material available to a court under subsection (5); and

the court, after examining the questioning material, is satisfied that the interests of justice so require;

the subject of a questioning warrant appears before a prescribed authority for questioning under the warrant; and

the prescribed authority is satisfied on reasonable grounds that the subject is under 14 years old;

the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant; and

the subject informs the prescribed authority that the subject wants:

to make a complaint of a kind referred to in paragraph 34DC(1)(i); or

to give information of the kind referred to in paragraph 34DC(1)(j); and

the subject requests facilities to make the complaint or give the information; and

the prescribed authority gives a direction under paragraph 34DE(1)(d) deferring questioning of the subject under the warrant;

8 hours; or

if a prescribed authority before whom the subject is being questioned has extended the period in accordance with subsection (4) or (5)—that longer period.

the subject has been questioned under the warrant for a total of less than 8 hours; and

the prescribed authority before whom the subject is being questioned is satisfied of the matters in subsection (7);

the subject has been questioned under the warrant for a total of more than 8 hours and less than 16 hours; and

the prescribed authority before whom the subject is being questioned is satisfied of the matters in subsection (7);

the subject of the warrant; and

a lawyer for the subject; and

if the warrant is a minor questioning warrant—a minor’s representative for the subject; and

any person the subject is permitted to contact.

the questioning of the subject was conducted properly and without delay; and

there are reasonable grounds for believing that the extension will substantially assist the collection of intelligence that is important in relation to:

if the warrant is an adult questioning warrant—an adult questioning matter; or

if the warrant is a minor questioning warrant—a minor questioning matter.

24 hours; or

if a prescribed authority before whom the subject is being questioned has extended the period in accordance with subsection (4) or (5)—that longer period.

the subject has been questioned under the warrant for a total of less than 24 hours; and

the prescribed authority before whom the subject is being questioned is satisfied of the matters in subsection (7);

the subject has been questioned under the warrant for a total of more than 24 hours and less than 32 hours; and

the prescribed authority before whom the subject is being questioned is satisfied of the matters in subsection (7);

the subject of the warrant; and

a lawyer for the subject; and

if the warrant is a minor questioning warrant—a minor’s representative for the subject; and

any person the subject is permitted to contact.

the questioning of the subject was conducted properly and without delay; and

there are reasonable grounds for believing that the extension will substantially assist the collection of intelligence that is important in relation to:

if the warrant is an adult questioning warrant—an adult questioning matter; or

if the warrant is a minor questioning warrant—a minor questioning matter.

the time taken by a prescribed authority to inform the subject of the matters referred to in section 34DC and, if applicable, section 34DD;

any time during which a prescribed authority has deferred questioning of the subject under the warrant to allow:

the change of a thing in equipment being used to record the questioning of the subject; or

the subject to make a complaint of the kind referred to in paragraph 34DC(1)(i); or

the subject to give information of the kind referred to in paragraph 34DC(1)(j); or

the subject to contact a lawyer or another person as provided by this Division; or

a lawyer to be present in accordance with a direction given under paragraph 34FB(2)(a) or 34FC(2)(a) or (3)(b); or

the subject to receive medical attention; or

the subject to engage in religious practices in accordance with the subject’s religion; or

the subject to rest or recuperate;

any time during which a prescribed authority has suspended questioning of the subject under the warrant as mentioned in paragraph 34DM(4)(a);

any other time determined by a prescribed authority before whom the subject appears for questioning.

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

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

questioning of the subject under the warrant; or

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

the subject of a questioning warrant appears before a prescribed authority for questioning under the warrant; and

the prescribed authority believes on reasonable grounds that the subject is unable, because of inadequate knowledge of the English language or a physical disability, to communicate with reasonable fluency in that language.

defer informing the subject under section 34DC and, if applicable, section 34DD until the interpreter is present; and

give a direction under paragraph 34DE(1)(d) deferring questioning of the subject under the warrant until the interpreter is present.

has an adequate knowledge of the English language to communicate with reasonable fluency in that language; or

is physically able to communicate with reasonable fluency in that language.

the prescribed authority must defer informing the subject under section 34DC and, if applicable, section 34DD until an interpreter is present; and

a person exercising authority under the warrant must defer the questioning until an interpreter is present.

a person exercising authority under the warrant must defer any further questioning until an interpreter is present; and

when an interpreter is present, the prescribed authority must again inform the subject of anything of which the subject was previously informed under section 34DC or 34DD.

the appearance of the subject of a questioning warrant before a prescribed authority for questioning under the warrant;

any other matter or thing in relation to the warrant that the prescribed authority directs is to be video recorded.

a pre-charge use or disclosure of the material; or

a post-charge use or disclosure of pre-charge questioning material; or

a post-charge use or disclosure of post-charge questioning material; or

a pre-confiscation application use or disclosure of the material; or

a post-confiscation application use or disclosure of pre-confiscation application questioning material; or

a post-confiscation application use or disclosure of post-confiscation application questioning material.

any direction given under subsection 34DF(1); and

paragraph 34EA(1)(b), in the case of a disclosure to a prosecutor of the subject for the material.

the Director-General;

an entrusted person;

a person or body investigating whether the subject for the material committed an offence against a law of the Commonwealth or of a State or Territory;

a prosecutor of the subject for the material;

a prosecuting authority;

a proceeds of crime authority;

any other person or body lawfully in possession of the questioning material.

one or more of paragraphs (1)(b), (c), (e) and (f) had not been enacted; or

subsection (3) were, by express provision, confined to persons or bodies other than either or both of the following:

prosecutors of the subject for the material;

proceeds of crime authorities.

a pre-charge disclosure of the material; or

a post-charge disclosure of:

pre-charge questioning material; or

post-charge questioning material;

a pre-charge disclosure of the material; or

a post-charge disclosure of derivative material obtained from pre-charge questioning material (whether from a pre-charge use of that questioning material or otherwise); or

a post-charge disclosure of derivative material obtained from post-charge questioning material, and the disclosure is under an order made under subsection 34EC(1).

in the interests of justice; and

despite any direction given under subsection 34DF(1).

if the subject has been charged with a related offence before a federal court or a court of a State or Territory—that court; or

otherwise—a federal court (other than the Family Court of Australia) or a court of a State or Territory.

an offence against a law of the Commonwealth or of a Territory; or

(b) an offence against a law of a State that has a federal aspect (within the meaning of the Australian Crime Commission Act 2002);

before being charged with the offence and before such a charge was imminent; or

after being charged with the offence or after such a charge was imminent.

an offence against this Division in relation to the relevant questioning warrant; or

(b) an offence against Criminal Code (about false or misleading information or documents) in relation to the relevant questioning warrant.section 137.1 or 137.2 of the

a pre-charge disclosure of the material; or

a post-charge disclosure of:

pre-charge questioning material; or

derivative material obtained from pre-charge questioning material (whether from a pre-charge use of the questioning material or otherwise); or

a post-charge disclosure of:

post-charge questioning material; or

derivative material obtained from post-charge questioning material;

a person lawfully possesses questioning material or derivative material; and

the person is a prosecutor of the subject for the material;

making a decision whether to prosecute the subject; and

prosecuting the subject.

a prosecuting authority; or

an individual employed or engaged by a prosecuting authority;

a pre-confiscation application disclosure of the material; or

a post-confiscation application disclosure of:

pre-confiscation application questioning material; or

derivative material obtained from pre-confiscation application questioning material (whether from a pre-confiscation application use of the questioning material or otherwise); or

a post-confiscation application disclosure of:

post-confiscation application questioning material; or

derivative material obtained from post-confiscation application questioning material.

contact a lawyer for the purpose of obtaining legal advice in relation to the warrant; and

if the warrant is a minor questioning warrant—contact a minor’s representative for the subject.

the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant; and

a lawyer for the subject is present during the questioning;

(c) the lawyer for the subject is not a person (an appointed lawyer) specified in a direction given under paragraph 34FB(2)(a) or 34FC(2)(a) or (3)(b); or

the lawyer for the subject is an appointed lawyer and the prescribed authority is satisfied that the subject has had reasonable opportunity to contact another lawyer.

the subject of an adult questioning warrant is appearing before a prescribed authority for questioning under the warrant; and

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

a person involved in an activity prejudicial to security may be alerted that the activity is being investigated; or

a record or other thing that the subject has been or may be requested, in accordance with the warrant, to produce may be destroyed, damaged or altered.

the subject voluntarily chooses to be questioned in the absence of a lawyer; or

a prescribed authority gives a direction under paragraph 34FB(3)(b) or subparagraph 34FF(7)(c)(iii) in relation to the subject.

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.

give a direction that:

(i) 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

(b) 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.

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.

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).

give a direction that:

(i) 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

(b) 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.

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; or

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—give a direction that:

(i) 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.

a direction under paragraph (2)(a) or (3)(b) is in force in relation to the appointed lawyer for the subject of a minor 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) or (3)(b) (as the case requires).

the subject of a minor questioning warrant is appearing before a prescribed authority for questioning under the warrant; and

(b) a minor’s representative (a non-lawyer representative) for the subject, who is not also a lawyer for the subject, is not present.

the warrant includes an immediate appearance requirement; and

a lawyer for the subject is present during the questioning;

give a direction that the subject may be questioned under the warrant in the absence of a non-lawyer representative; and

if the subject requests that a non-lawyer representative be present during the questioning—give a direction that the subject must be permitted to contact a non-lawyer representative.

the warrant does not include an immediate appearance requirement; and

the subject requests that a non-lawyer representative be 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 subject to contact a non-lawyer representative; and

a non-lawyer representative to be present during the questioning; or

give a direction that the subject may be questioned under the warrant in the absence of a non-lawyer representative, if:

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

a lawyer for the subject is present during the questioning.

the warrant does not include an immediate appearance requirement; and

the subject voluntarily chooses not to request that a non-lawyer representative be present during the questioning; and

a lawyer for the subject is present during the questioning;

the subject contacts a non-lawyer representative; and

the non-lawyer representative is present during the questioning.

if the warrant is issued in writing—a copy of the warrant; or

if the warrant is issued orally—a copy of the written record of the warrant made in accordance with subsection 34BF(3).

if the variation is issued in writing—a copy of the variation; or

if the variation is issued orally—a copy of the written record of the variation made in accordance with subsection 34BG(7).

a questioning warrant;

a written record of a questioning warrant;

a variation of a questioning warrant;

a written record of a variation of a questioning warrant.

require more than one person to give the lawyer a copy of the warrant, the written record of the warrant, the variation or the written record of the variation (as the case requires); or

entitle the lawyer to be given a copy of, or see, a document other than the warrant, the written record of the warrant, the variation or the written record of the variation (as the case requires).

the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant; and

a lawyer for the subject is present during the questioning.

to request clarification of an ambiguous question; or

to request a break in the questioning of the subject in order to provide advice to the subject.

the prescribed authority must also direct that the subject may contact another lawyer; and

if the subject chooses to contact another lawyer, the prescribed authority must 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; and

if:

the time mentioned in paragraph (b) has passed and a lawyer for the subject is not present; or

the subject chooses not to contact another lawyer;

if the warrant is an adult questioning warrant—give a direction that the subject may be questioned in the absence of a lawyer for the subject; and

if the warrant is minor questioning warrant—give a direction under paragraph 34FC(2)(a) or (3)(b) (as the case requires).

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.

the prescribed authority must inform the subject that:

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

(ii) 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.

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.

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;

a questioning warrant in relation to the person; or

the treatment of the person in connection with such a warrant.

the Director-General has requested the Attorney-General to issue a questioning warrant in relation to a person; and

the Director-General believes on reasonable grounds that:

the person may leave Australia; and

the person’s leaving would be likely to impact on the person’s ability to comply with the questioning warrant;

all Australian travel documents that:

have been issued to the person; and

are in the person’s possession or control; and

all passports or other travel documents that:

have been issued to the person by or on behalf of the government of a foreign country; and

are in the person’s possession or control.

the person is notified in accordance with subsection (1); and

the person fails to comply with subsection (2).

if the Attorney-General refuses to issue a questioning warrant in relation to the person—that refusal; or

if a questioning warrant is issued in relation to the person—the end of the period specified in the warrant as the period during which the warrant is to be in force;

the return of a document during the period specified in another warrant, issued in relation to the person under this Division, as the period during which the other warrant is to be in force; or

the return of a document that has been cancelled.

inspect or examine the document; and

make copies or transcripts of it.

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979);

an officer of the police force of a State or Territory;

(c) an officer of Customs (within the meaning of the Customs Act 1901).

the person has been notified of:

the making of a request by the Director-General for a questioning warrant in relation to the person; and

the effect of this subsection in connection with that request; and

the person leaves Australia; and

the leaving occurs after the person has been notified as mentioned in paragraph (a), and before:

if the Attorney-General refuses to issue a questioning warrant in relation to the person—that refusal; or

if a questioning warrant is issued in relation to the person—the end of the period specified in the warrant as the period during which the warrant is to be in force; and

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

a questioning warrant is issued; and

the Director-General believes on reasonable grounds that:

the subject of the warrant may leave Australia; and

the subject’s leaving would be likely to impact on the subject’s ability to comply with the warrant;

all Australian travel documents that:

have been issued to the subject; and

are in the subject’s possession or control; and

all passports or other travel documents that:

have been issued to the subject by or on behalf of the government of a foreign country; and

are in the subject’s possession or control.

the subject is notified in accordance with subsection (1); and

the subject fails to comply with subsection (2).

the return of a document during the period specified in another warrant, issued in relation to the subject under this Division, as the period during which the other warrant is to be in force; or

the return of a document that has been cancelled.

inspect or examine the document; and

make copies or transcripts of it.

the subject is notified of:

the issue of the warrant; and

the effect of this subsection; and

the subject leaves Australia; and

the leaving occurs:

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

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

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

the warrant; or

a direction given under subsection 34DE(1).

the subject is appearing before a prescribed authority for questioning under the warrant; and

the Organisation requests, in accordance with the warrant, the subject to:

give any information; or

produce any record or other thing; and

the subject fails to comply with the request.

does not have the information; or

does not have possession or control of the record or thing.

giving information; or

producing a record or other thing;

anything said by the subject, while appearing before a prescribed authority for questioning under the warrant, to comply with the request; and

the production of a record or other thing by the subject, while appearing before a prescribed authority for questioning under the warrant, to comply with the request;

a confiscation proceeding, if the thing was said, or the record or thing was produced, at a time when the proceeding had not commenced and was not imminent; or

proceedings for an offence against this section; or

proceedings for an offence against section 34GF; or

(f) proceedings for an offence against Criminal Code that relates to this section.section 137.1 or 137.2 of the

the subject is appearing before a prescribed authority for questioning under the warrant; and

the Organisation requests, in accordance with the warrant, the subject to give information; and

the subject makes a statement that is, to the subject’s knowledge, false or misleading; and

the statement is made in purported compliance with the request.

the subject is requested, in connection with a questioning warrant, to produce a record or other thing; and

the subject engages in conduct; and

as a result of the conduct, the record or thing is unable to be produced, or to be produced in wholly legible or usable form.

the person has been approved under section 24 to exercise authority conferred by a questioning warrant; and

the person exercises, or purports to exercise, the authority; and

the exercise, or purported exercise, contravenes a condition or restriction in the warrant on the authority; and

the person knows of the contravention.

the person is a police officer; and

the person engages in conduct in the exercise of, or the purported exercise of, authority conferred by this Division; and

the conduct contravenes section 34C; and

the person knows of the contravention.

a prescribed authority gives a direction under:

subsection 34DD(2); or

paragraph 34DE(1)(b), (d) or (e); or

section 34DG; or

subsection 34DM(4); and

the person is identified (whether by name, reference to a class that includes the person or some other means) in the direction as a person who is to implement the direction; and

the person engages in conduct; and

the conduct contravenes the direction; and

the person knows of the contravention.

the person uses or discloses questioning material (whether or not the person is the first to do so); and

the use or disclosure contravenes a direction given under subsection 34DF(1) about the questioning material; and

the person knows of the contravention; and

the use or disclosure is not under subsection 34DF(5) or (6) or paragraph 34EA(1)(b).

the person engages in conduct; and

the conduct contravenes:

subsection 34AG(2); or

paragraph 34CB(2)(c); or

section 34DI; or

paragraph 34DN(3)(b); or

paragraph 34DO(4)(b) or (5)(a); and

the person knows of the contravention.

the person has been approved under section 24 to exercise authority conferred by a questioning warrant; and

the person exercises, or purports to exercise, the authority by questioning the subject of the warrant; and

the questioning contravenes section 34DJ or 34DK; and

the person knows of the contravention.

a questioning warrant is issued; and

the discloser discloses information; and

either or both of the following apply:

the information indicates the fact that the warrant has been issued, or a fact relating to the content of the warrant or to the questioning or apprehension of a person in connection with the warrant;

the information is operational information; and

if subparagraph (c)(ii) applies but subparagraph (c)(i) does not—the discloser has the information as a direct or indirect result of:

the issue of the warrant; or

the doing of anything authorised by the warrant, by a direction given by a prescribed authority in connection with the warrant or by another provision of this Division in connection with the warrant; and

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

the disclosure is not a permitted disclosure.

a questioning warrant is issued; and

the discloser discloses information; and

the information is operational information; and

the discloser has the information as a direct or indirect result of:

the issue of the warrant; or

the doing of anything authorised by the warrant, by a direction given by a prescribed authority in connection with the warrant or by another provision of this Division in connection with the warrant; and

the disclosure occurs before the end of the 2 years starting at the end of the period specified in the warrant as the period during which the warrant is to be in force; and

the disclosure is not a permitted disclosure.

the subject of the warrant; or

a lawyer who has at any time been:

present, as the lawyer for the subject of the warrant, during the questioning of the subject under the warrant; or

contacted for the purpose of the subject obtaining legal advice in connection with the warrant; or

contacted for the purpose of the subject obtaining representation in legal proceedings seeking a remedy relating to the warrant or the treatment of the subject in connection with the warrant.

information that the Organisation has or had;

a source of information (other than the subject of the warrant mentioned in subsection (1) or (2)) that the Organisation has or had;

an operational capability, method or plan of the Organisation.

a disclosure made by a person in the course of any of the following:

exercising a power, or performing a function or duty, under this Act;

doing anything the person is authorised to do by a warrant issued under this Act;

doing anything the person is required or permitted to do by a direction given by a prescribed authority;

(iv) exercising a power (including a power to make a complaint or to give information), or performing a function or duty, under Part V of the Australian Federal Police Act 1979, the Ombudsman Act 1976 or a law of a State or Territory appointing or establishing a complaints agency;

a disclosure made to or by an IGIS official for the purposes of the IGIS official exercising a power, or performing a function or duty, as an IGIS official;

a disclosure that is:

made in the course of the questioning of the subject of a questioning warrant under the warrant; and

made by a person who is present during the questioning when making the disclosure;

a disclosure to a lawyer for the purpose of:

obtaining legal advice in connection with a questioning warrant; or

obtaining representation in legal proceedings seeking a remedy relating to such a warrant or the treatment of a person in connection with such a warrant;

a disclosure for the purpose of the initiation, conduct or conclusion (by judgment or settlement) of legal proceedings relating to a remedy relating to a questioning warrant or the treatment of a person in connection with such a warrant;

a disclosure that is permitted by a prescribed authority to be made;

a disclosure to one or more of the following persons, by the subject of a minor questioning warrant, by a parent, guardian or sibling of the subject, or by a minor’s representative for the subject, of information described in paragraph (1)(c) or (2)(c) of this section in relation to the warrant:

the subject;

a minor’s representative for the subject;

a parent, guardian or sibling of the subject;

a prescribed authority;

a person exercising authority under the warrant;

an IGIS official;

the Commonwealth Ombudsman;

a complaints agency;

a disclosure for the purpose of making an application for assistance under subsection 34JE(1);

a disclosure that is permitted by the Director-General to be made;

a disclosure that is permitted by the Attorney-General to be made;

a disclosure that is prescribed by the regulations.

the subject of a questioning warrant; or

a lawyer for the subject of a questioning warrant; or

a minor’s representative mentioned in subsection 34FG(1);

on the prescribed authority’s own initiative; or

on application by, or on behalf of, the person to whom the permission relates.

the person’s family and employment interests, to the extent that the prescribed authority, the Director-General or the Attorney-General (as the case requires) is aware of those interests; and

the public interest; and

the risk to security if the permission were given; and

any submissions made by the person, the person’s lawyer or the Organisation.

the person making the disclosure;

the person to whom the disclosure is made;

the circumstances in which the disclosure is made;

the purpose of the disclosure;

the nature of information disclosed;

an opinion of a specified person about the possible or likely effect of the disclosure.

(a) a complaint to the Inspector-General of Intelligence and Security under the Inspector-General of Intelligence and Security Act 1986; or

(b) a complaint to the Ombudsman under the Ombudsman Act 1976; or

(c) information given under Australian Federal Police Act 1979 to a person referred to in subsection 40SA(1) of that Act; orDivision 2 of Part V of the

a complaint to a complaints agency in relation to the police force or police service of the State or Territory concerned.

the subjects of complaint under:

(i) the Inspector-General of Intelligence and Security Act 1986; or

(ii) the Ombudsman Act 1976; or

(b) the subject of information given under Australian Federal Police Act 1979.Division 2 of Part V of the

details of the extent to which the action taken under the warrant has assisted the Organisation in carrying out its functions; and

if the subject of the warrant was apprehended—details of the apprehension, including whether any force was used in apprehending the subject; and

if a record or other thing found during a search of the subject was seized—details of the seizure; and

if an order was made under subsection 34AAD(2) in relation to accessing data that was held in, or accessible from, a computer or data storage device that was seized under subsection 34CC(4) or (5)—details of the extent to which compliance with the order has assisted the Organisation in carrying out its functions.

for each request for a questioning warrant—a copy of the request;

for each questioning warrant—a copy of the warrant, or of the written record of the warrant made in accordance with subsection 34BF(3), as the case requires;

for each request to vary a questioning warrant—a copy of the request;

for each variation to a questioning warrant—a copy of the variation, or of the written record of the variation made in accordance with subsection 34BG(7), as the case requires;

a statement containing details of any seizure or apprehension under this Division;

if the Director-General is informed of a concern of the Inspector-General under section 34DM—a statement describing any action the Director-General has taken as a result;

a copy of any video recording made under section 34DP.

the record or copy was made because of a questioning warrant; and

the record or copy is in the possession or custody, or under the control, of the Organisation; and

the Director-General is satisfied that the record or copy is not required for the purposes of the performance of functions or exercise of powers under this Act.

inform the Attorney-General and the Inspector-General of Intelligence and Security accordingly; and

take such steps as are necessary to ensure that action under the warrant is discontinued.

the remedy relates to a questioning warrant or the treatment of a person in connection with such a warrant; and

the proceedings are commenced while the warrant is in force.

any complaint the subject makes that is of the kind mentioned in paragraph 34DC(1)(i); or

any information the subject gives that is of a kind mentioned in paragraph 34DC(1)(j); or

any remedy the subject seeks that is of the kind mentioned in paragraph 34DC(1)(k).

the total number of requests made during the period under Division 3 of Part III to the Attorney-General for the issue of warrants under that Division (including the number of requests made orally); and

the total number of warrants issued during the period under that Division (including the number of warrants issued orally); and

the number of times persons were apprehended during the period under that Division; and

the number of hours each person appeared before a prescribed authority for questioning under a warrant issued during the period under that Division and the total of all those hours for all those persons; and

the number of times each prescribed authority had persons appear for questioning before the prescribed authority under warrants issued during the period under that Division.

a request under the commencement day; andsection 34D or 34F of the old law that was made, but not finally determined, before

a warrant that was in force under the commencement day.section 34E or 34G of the old law immediately before

the person is a member of a court; and

the person has a function, power or duty as a prescribed authority that is neither judicial nor incidental to a judicial function or power;

a reference to a request made during the period under Division 3 of Part III to the Attorney-General is taken to include a reference to a request made during that period under Division 3 of Part III of the old law to an issuing authority; and

a reference to a warrant issued during the period under Division 3 of Part III is taken to include a reference to a warrant issued during that period under Division 3 of Part III of the old law; and

a reference to the number of times persons were apprehended during the period under Division 3 of Part III is taken to include a reference to the number of hours persons spent in detention under a warrant issued during that period under section 34G of the old law.

(a) an offence against subsection 34GD(8) of the Australian Security Intelligence Organisation Act 1979, if the questioning warrant to which the offence relates is a PMV-related questioning warrant; or

(a) an offence against subsection 34GD(8) of the Australian Security Intelligence Organisation Act 1979, if the questioning warrant to which the offence relates is a PMV-related questioning warrant; or

(a) enter any place where a person is being questioned or apprehended in relation to a warrant issued under Australian Security Intelligence Organisation Act 1979; andDivision 3 of Part III of the

do so at any reasonable time.

(a) enter any place where a person is being questioned or apprehended in relation to a warrant issued under Australian Security Intelligence Organisation Act 1979; andDivision 3 of Part III of the

do so at any reasonable time.

(ce) if the Committee resolves to do so—to commence, by 7 September 2023, a review of the operation, effectiveness and implications of Australian Security Intelligence Organisation Act 1979; andDivision 3 of Part III of the

the Federal Circuit and Family Court of Australia (Division 1); or

(da) a State Family Court (being a court to which Family Law Act 1975 applies); orsection 41 of the

the Director-General; or

an ASIO employee, or an ASIO affiliate, who holds, or is acting in, a position in the Organisation that is equivalent to or higher than a position occupied by an SES employee.

the location of the person or object; or

the status of the object.

entering premises or interfering with the interior of a vehicle without permission;

remotely installing a tracking device;

installing a tracking device to listen to a person;

any other thing that the Organisation would otherwise need a warrant under section 25A to do.

a particular person;

an object or a class of object.

in writing; or

orally in person, or by telephone or other means of communication.

the facts and other grounds on which the applicant considers it necessary that the authorisation should be given; and

the extent to which the applicant considers that the authorisation will substantially assist the collection of intelligence in respect of the security matter; and

the period for which the applicant considers the authorisation should remain in force, which must not exceed 90 days.

if the authorisation is requested in relation to a particular person—the use by the Organisation of a tracking device in relation to the person will, or is likely to, substantially assist the collection of intelligence in respect of the security matter; and

if the authorisation is requested in relation to an object or class of object—the use by the Organisation of a tracking device in or on that object, or an object of that class, will, or is likely to, substantially assist the collection of intelligence in respect of the security matter.

in writing; or

orally in person, or by telephone or other means of communication.

(a) the matter (the security matter) that is important in relation to security in respect of which the authorisation is given; and

the day and time the authorisation is given; and

if the authorisation is given in relation to a particular person—the name of the person (if known) or the fact that the person’s identity is unknown; and

if the authorisation is given in relation to an object or a class of object—the object or class of object; and

the restrictions or conditions (if any) to which the authorisation is subject.

the authorising officer considers reasonable and necessary in the circumstances; and

does not exceed 90 days;

an authorisation under this section;

a written record referred to in subsection (5).

install, use or maintain one or more tracking devices to track the person;

install, use or maintain one or more tracking devices in or on any object used or worn, or likely to be used or worn, by the person;

install, use or maintain enhancement equipment in relation to the device or devices referred to in paragraph (a) or (b);

enter into or onto, or alter, the object referred to in paragraph (b);

any thing reasonably necessary to conceal the fact that any thing has been done in accordance with the authorisation;

any other thing reasonably incidental to any of the above.

install, use or maintain one or more tracking devices in or on the specified object, or an object of the specified class;

install, use or maintain enhancement equipment in relation to the device or devices;

enter into or onto, or alter, the specified object, or an object of the specified class;

any thing reasonably necessary to conceal the fact that any thing has been done in accordance with the authorisation;

any other thing reasonably incidental to any of the above.

the doing of any thing that would involve either or both of the following:

entering premises without permission from the owner or occupier of the premises;

interference with the interior of a vehicle without permission of the person having lawful possession or control of the vehicle;

the remote installation of a tracking device or enhancement equipment in relation to the device;

the installation, use or maintenance of a tracking device, or enhancement equipment in relation to the device, to listen to, record, observe or monitor the words, sounds or signals communicated to or by a person;

the doing of any thing by the Organisation if, apart from section 26G, the Organisation could not do the thing without it being authorised by a warrant issued under section 25A.

recover the tracking device or any enhancement equipment in relation to the device;

any thing reasonably necessary to conceal the fact that any thing has been done under this subsection;

any other thing reasonably incidental to any of the above;

at any time while the authorisation is in force or within 28 days after it ceases to be in force;

if the device or equipment is not recovered at a time mentioned in paragraph (d)—at the earliest time, after the 28 days mentioned in that paragraph, at which it is reasonably practicable to do the things concerned.

an ASIO employee; or

an ASIO affiliate.

in writing; or

orally in person, or by telephone or other means of communication.

the facts and other grounds on which the applicant considers it necessary that the authorisation should be varied; and

(b) the extent to which the applicant considers that the authorisation, as varied, will substantially assist the collection of intelligence in respect of the matter (the security matter) that is important in relation to security in respect of which the authorisation is given.

in writing; or

orally in person, or by telephone or other means of communication.

a variation under this section;

a written record referred to in subsection (9).

an internal authorisation was given in relation to more than one of the matters mentioned in subsection 26G(2); and

the grounds on which the internal authorisation was given continue to exist for at least one of those matters;

the name of the person who made the request; and

the matter that is important in relation to security in respect of which the authorisation was requested; and

the day on which the authorisation was given or refused; and

the name of the authorising officer who gave or refused to give the authorisation; and

if the authorisation was given:

the day on which the authorisation ceased to be in force; and

whether action under the authorisation was discontinued in accordance with section 26P, and, if so, the day on which the action was discontinued; and

the location at which any record relating to the request (including the request) is kept by the Organisation.

the relevant devices, or relevant equipment, were:

installed in or on an object by the Organisation; or

used by the Organisation; or

maintained by the Organisation; and

the installation, use or maintenance was not under:

a surveillance device warrant; or

a warrant issued under section 27A; or

an identified person warrant; and

recovery of the device or devices or equipment may involve either or both of the following:

entering premises without permission from the owner or occupier of the premises;

interference with the interior of a vehicle without permission of the person having lawful possession or control of the vehicle.

be signed by the Attorney-General; and

specify:

details of the relevant devices or relevant equipment; and

the day the warrant is issued; and

the period during which the warrant is in force, which must not be more than 90 days; and

any restrictions or conditions that the Attorney-General considers appropriate in the circumstances; and

authorise the use of any force against persons and things that is necessary and reasonable to do the things authorised by the warrant; and

state whether entry to premises is authorised to be made at any time of the day or night or during stated hours of the day or night.

recover the devices or equipment; and

do any of the following:

use the devices or equipment solely for the purposes of locating the devices or equipment;

enter any premises where the devices or equipment are reasonably believed to be, for the purpose of recovering the devices or equipment;

enter any other premises for the purpose of gaining entry to or exiting the premises referred to in subparagraph (ii);

enter into or onto, or alter, an object for the purpose of recovering the devices or equipment;

replace an object with an equivalent object for the purpose of recovering the devices or equipment;

break open any thing for the purpose of recovering the devices or equipment;

if the devices or equipment are installed in or on an object—temporarily remove the object from any place where it is situated for the purpose of recovering the devices or equipment and returning the object to that place;

use a nominal amount of electricity from any source to power the devices or equipment;

any thing reasonably necessary to conceal the fact that any thing has been done under the warrant;

use any force against persons and things that is necessary and reasonable to do any of the above;

any other thing reasonably incidental to any of the above.

if the warrant is issued under section 26R—includes the recovery of a tracking device or any enhancement equipment in relation to the device; or

otherwise:

includes action under an authorisation given under an identified person warrant; but

does not include the recovery of a surveillance device or any enhancement equipment in relation to the device.

in accordance with an authorisation given under section 26G; or

in accordance with a warrant issued under section 26, 27A or 27C; or

in accordance with an authorisation given under section 26G; or

in accordance with subsection 26B(5) or (6), section 26C, 26D or 26E, or subsection 27A(3A) or (3B) or 27F(5).

give the Attorney-General a written report that meets the requirements of subsection (2); and

do so within 3 months of the day on which the internal authorisation ceases to be in force.

give details of the extent to which any thing done in accordance with the authorisation has assisted the Organisation in carrying out its functions; and

(b) give details of the matter (the security matter) that is important in relation to security in respect of which the authorisation is given; and

state the name, if known, of any person whose location was determined by the use of a tracking device in accordance with the authorisation; and

state the period during which a tracking device was used in accordance with the authorisation; and

give details of:

any object in or on which a tracking device was installed in accordance with the authorisation; and

the premises where the object was located when the device was installed; and

give details of the compliance with the restrictions or conditions (if any) to which the authorisation was subject; and

state whether the authorisation was varied, and, if so:

the number of variations; and

the reasons for each variation.

if the authorising provision is section 26G—the matters required to be specified under subsection 26H(2);

if the warrant is issued under section 26R—the matters required to be specified under subsection 26R(4) for the warrant;

the total number of requests made under subsection 26G(1) during the period; and

the total number of authorisations given under section 26G during the period.