34CPolice officer may apprehend subject of questioning warrant in certain circumstances

34C Police officer may apprehend subject of questioning warrant in certain circumstances

Apprehension where authorised by warrant (1) If a questioning warrant authorises the apprehension of the subject of the warrant, a police officer may apprehend the subject in order to immediately bring the subject before a prescribed authority for questioning under the warrant.

Note 1: The Attorney‑General may only issue a questioning warrant that authorises the apprehension of the subject of the warrant if:

(a) the warrant includes an immediate appearance requirement; and
(b) the Attorney‑General is satisfied of certain matters.
See subsection 34BE(2).

Note 2: A police officer’s power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Apprehension where certain representations made (2) If: (a) a questioning warrant includes an immediate appearance requirement; and (b) the warrant does not authorise the apprehension of the subject of the warrant; and (c) 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: (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 in accordance with the warrant to produce; a police officer may apprehend the subject in order to immediately bring the subject before a prescribed authority for questioning under the warrant.

Note: A police officer’s power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Apprehension where subject fails to appear (3) If the subject of a questioning warrant fails to appear before a prescribed authority as required by: (a) the warrant; or (b) a direction given by the prescribed authority under subsection 34DE(1); a police officer may apprehend the subject in order to immediately bring the subject before the prescribed authority for questioning under the warrant.

Note: A police officer’s power to apprehend the subject of a questioning warrant under this subsection ends when the subject appears before a prescribed authority for questioning under the warrant.

Definitions (4) In this section, representation includes: (a) an express or implied representation (whether oral or in writing); and (b) a representation that could be inferred from conduct; and (c) a representation not intended by its maker to be communicated to or seen by another person; and (d) a representation that for any reason is not communicated.