34BDWhat a questioning warrant authorises

#### 34BD What a questioning warrant authorises (1) A questioning warrant must, subject to any restrictions or conditions specified in the warrant: (a) require the subject of the warrant to appear before a prescribed authority for questioning under the warrant either: (i) if the warrant includes an immediate appearance requirement—immediately after the subject is given notice of the requirement in accordance with section 34BH; or (ii) at a day and time specified in the warrant; and (b) subject to subsection (2), authorise the Organisation to question the subject of the warrant before a prescribed authority by requesting the subject to: (i) 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 (ii) 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 (c) 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. Additional requirements for minors (2) For the purposes of paragraph (1)(b), if the warrant is a minor questioning warrant, the warrant authorises the Organisation to question the subject of the warrant before a prescribed authority: (a) only in the presence of a minor’s representative for the subject; and (b) only for continuous periods of 2 hours or less, separated by breaks directed by the prescribed authority. > Note 1: Also, the subject of a minor questioning warrant may be questioned only in the presence of a lawyer for the subject: see subsection 34FA(1). > Note 2: The prescribed authority may set the breaks between periods of questioning by giving appropriate directions under paragraph 34DE(1)(e) for the subject’s further appearance before the prescribed authority for questioning. (3) To avoid doubt, subsection (2) does not affect the operation of section 34DJ (permitted questioning time) or 34DK (extra permitted questioning time if interpreter present). Matters in relation to which the Organisation may request information etc. (4) For the purposes of paragraph (1)(b), the matters in relation to which the Organisation may request the subject to give information, or produce records or things, may include: (a) the subject matter of any charge, or imminent charge, against the subject; and (b) the subject matter of any confiscation proceeding, or imminent confiscation proceeding, against the subject. Severability (5) Without limiting its effect apart from this subsection, this Act also has the effect it would have if: (a) subsection (4) had not been enacted; or (b) subsection (4) were, by express provision, confined to dealing with a charge against the subject or such a charge that is imminent; or (c) subsection (4) were, by express provision, confined to dealing with a confiscation proceeding against the subject that has commenced or is imminent.