34DEDirections while subject is before prescribed authority for questioning

#### 34DE Directions while subject is before prescribed authority for questioning (1) At any time when the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant, the prescribed authority may, either orally or in writing, give any of the following directions: (a) a direction in accordance with subsection 34GF(6) permitting the subject to disclose specified information to a specified person; (b) a direction permitting the subject to contact an identified person (including a person identified by reference to the fact that the person has a particular legal or familial relationship with the subject) or any person, and to disclose information other than specified information while in contact with that person; (c) a direction under paragraph 34FB(2)(a), 34FC(2)(a) or (3)(b) that a specified lawyer must be present during the questioning; (d) a direction to defer questioning of the subject under the warrant; (e) a direction for the subject’s further appearance before the prescribed authority for questioning under the warrant, or for the subject to be excused or released from further attendance at questioning. > Note: A questioning warrant may be varied to require the subject’s further appearance before a prescribed authority at an earlier day and time than that specified in a direction given under this subsection: see subsection 34BE(5). (2) However, the prescribed authority must not give a direction that is inconsistent with the warrant unless: (a) the prescribed authority: (i) has been informed under section 34DM of a concern of the Inspector‑General of Intelligence and Security; and (ii) is satisfied that giving the direction is necessary to address the concern satisfactorily; or (b) the direction has been approved, in writing, by the Attorney‑General. (3) If, at any time when the subject of a questioning warrant is appearing before a prescribed authority for questioning under the warrant: (a) a record or other thing is in the possession or control of a police officer because of the operation of section 34CC, 34CE or 34D; and (b) a person exercising authority under the warrant requests that the record or thing be returned to the subject for the purpose of enabling the subject to comply with a request (the warrant request) made by the Organisation in accordance with the warrant; the prescribed authority must give a direction that the record or thing be given to the subject for only such time as the prescribed authority considers reasonable to enable the subject to comply with the warrant request. (4) If a prescribed authority gives a direction under subsection (1) or (3), the prescribed authority may vary or revoke the direction.