34CBCommunications while apprehended

34CB Communications while apprehended

(1) The subject of a questioning warrant who is apprehended under this Division is not permitted to contact, and may be prevented from contacting, any person at any time during the period: (a) beginning when the subject is apprehended; and (b) ending when the subject appears before a prescribed authority for questioning under the warrant. (2) However: (a) the subject may contact any or all of the following: (i) a lawyer; (ii) if the warrant is a minor questioning warrant—a minor’s representative for the subject; (iii) any other person the subject is permitted to contact by the warrant, or by a direction given under paragraph 34DE(1)(b); and (b) 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 section 7 of the 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; (iii) 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 (c) any person apprehending the subject under this Division must, if requested by the subject, give the subject facilities for the following: (i) contacting a person mentioned in paragraph (a); (ii) contacting the Inspector‑General of Intelligence and Security; (iii) contacting the Ombudsman to make a complaint under section 7 of the Ombudsman Act 1976; (iv) contacting the Commissioner of the Australian Federal Police to give information under section 40SA of the Australian Federal Police Act 1979; (v) contacting a complaints agency to make a complaint of the kind mentioned in subparagraph (b)(iii).

Note: For the purposes of paragraph (a), section 34F provides for the subject of a questioning warrant to contact a lawyer for the purpose of obtaining legal advice in relation to the warrant and, if the warrant is a minor questioning warrant, to also contact a minor’s representative.