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Tuesday, 10 December 2002
Page: 7616

Senator ELLISON (Minister for Justice and Customs) (8:38 PM) —Perhaps Senator Bolkus is angling for a telephone warrant by the way he is talking on this amendment. Clause 34C(5) states:

The Director-General may request the warrant only by giving the material described in subsection (4) to an issuing authority who is a Judge or a member of a class specified by the regulations for the purposes of section 34AB if the person could be detained for a continuous period ...

And it goes on to deal with other matters. That says that the director-general can only request the warrant by giving the material to that issuing authority, and the material very much implies that there has to be a physical transaction, that there has to be a meeting, if you like, or a situation where that material is handed over. So it is not a situation where you can do that over the telephone; it has to be done very much on a personal basis.