34BEOther things that may be authorised in questioning warrant

#### 34BE Other things that may be authorised in questioning warrant Warrant may require immediate appearance (1) A questioning warrant may include an immediate appearance requirement if the Attorney‑General is satisfied that it is reasonable and necessary in the circumstances. > Note: For the definition of immediate appearance requirement, see section 34A. Warrant may authorise apprehension (2) If: (a) a questioning warrant is to include an immediate appearance requirement under subsection (1); and (b) 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: (i) alert a person involved in an activity prejudicial to security that the activity is being investigated; or (ii) not appear before the prescribed authority; or (iii) 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; the warrant may also authorise the apprehension of the subject by a police officer in order to immediately bring the subject before the prescribed authority for questioning under the warrant. > Note: A police officer may also apprehend the subject of a questioning warrant if the subject makes certain representations: see subsection 34C(2). Warrant may authorise seizure of certain records or other things found during search (3) If the Attorney‑General is satisfied that it is reasonable and necessary in the circumstances, a questioning warrant may provide that if: (a) a police officer conducts a search of the subject of the warrant under section 34CC; and (b) 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: (i) if the warrant is an adult questioning warrant—an adult questioning matter; or (ii) if the warrant is a minor questioning warrant—a minor questioning matter; the officer is authorised to seize the record or other thing. > Note: A police officer may only conduct a search of the subject of a questioning warrant under section 34CC if the subject is apprehended in connection with the warrant. Warrant may request production of records or things (4) A questioning warrant may request the subject of the warrant to produce, before a prescribed authority: (a) a specified record or other thing; or (b) a specified class of record or other thing; if the Attorney‑General is satisfied that the record or thing, or class of record or thing, is, or may be, relevant to intelligence that is important in relation to: (c) if the warrant is an adult questioning warrant—an adult questioning matter; or (d) if the warrant is a minor questioning warrant—a minor questioning matter. Warrant may require immediate further appearance etc. (5) If: (a) a questioning warrant is in force; and (b) the subject of the warrant has appeared before a prescribed authority for questioning under the warrant; and (c) 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 (d) the Attorney‑General is satisfied that it is reasonable and necessary in the circumstances; the warrant may, despite any direction given under subsection 34DE(1) to the contrary: (e) require the subject’s further appearance before a prescribed authority for questioning under the warrant; and (f) include an immediate appearance requirement under subsection (1) in relation to the further appearance. > Note: This subsection only applies if a questioning warrant that is in force is varied under section 34BG. (6) If: (a) a questioning warrant is to include the requirements mentioned in paragraphs (5)(e) and (f); and (b) the Attorney‑General is satisfied that there are reasonable grounds for believing that, if the subject of the warrant is not apprehended: (i) the subject is likely to alert a person involved in an activity prejudicial to security that the activity is being investigated; or (ii) the subject is likely to not comply with the requirements mentioned in paragraphs (5)(e) and (f); or (iii) 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; the warrant may also authorise the apprehension of the subject by a police officer in order to immediately bring the subject before the prescribed authority for further questioning under the warrant.