New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 34

34 Unlawful release from detention

(1) A person who, without lawful authority, releases, or attempts to release:

(a) a person detained under a public health order or following apprehension under section 29 or 33, or

(b) a person being conveyed to a place at which he or she is to be so detained,

is guilty of an offence.

Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.

(2) It is a defence to a prosecution for:

(a) an offence under this section, or

(b) aiding, abetting, counselling or procuring the escape of a person detained under a public health order or following apprehension under section 29 or 33,

if it is proved that the action of the defendant did not endanger the health of the public and that the defendant knew this to be so.