34BBTest for issue of questioning warrant—persons who are at least 14

#### 34BB Test for issue of questioning warrant—persons who are at least 14 (1) If the Director‑General requests the Attorney‑General to do so, the Attorney‑General may issue a warrant in relation to a person under this section if the Attorney‑General is satisfied that: (a) the person is at least 14 years old; and (b) 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 (c) 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 (d) 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 (e) 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: (i) the person has been charged or the confiscation proceeding has commenced; or (ii) that charge or proceeding is imminent; and (f) there is in force under section 34AF a written statement of procedures to be followed in the exercise of authority under a questioning warrant. (2) In deciding whether to issue the warrant, the Attorney‑General must consider the best interests of the person as a primary consideration. (3) In considering the best interests of a person for the purposes of subsection (2), the Attorney‑General must take into account the following matters: (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person; (b) the physical and mental health of the person; (c) the benefit to the person of having a meaningful relationship with the person’s family and friends; (d) the right of the person to receive an education; (e) the right of the person to practise the person’s religion; (f) any other matter the Attorney‑General considers relevant. (4) The Attorney‑General must take into account the matters in subsection (3) only to the extent that: (a) the matters are known to the Attorney‑General; and (b) the matters are relevant. > Note: Information about the matters in subsection (3) is provided to the Attorney‑General as part of the request for the warrant: see paragraph 34B(4)(f). (5) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) paragraph (1)(e) had not been enacted; or (b) paragraph (1)(e) were, by express provision, confined to dealing with a charge against the person or such a charge that is imminent; or (c) paragraph (1)(e) were, by express provision, confined to dealing with a confiscation proceeding against the person that has commenced or is imminent.