TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 41
TERRORISM (PREVENTATIVE DETENTION) ACT 2005 - SECT 41
(1) A person (the
"subject") commits an offence if—
(a) the
subject is being detained under a preventative detention order; and
(b) the
subject intentionally discloses to another person—
(i)
the fact that a preventative detention order has been
made in relation to the subject; or
(ii)
the fact that the subject is being detained; or
(iii)
the period for which the subject is being detained under
the order; and
(c) the
disclosure occurs while the subject is being detained under the order; and
(d) the
disclosure is not one that the subject is entitled to make under
section 36, 37 or 39.
Maximum penalty: Imprisonment for 5 years.
(2) A person (the
"lawyer") commits an offence if—
(a) a
person being detained under a preventative detention order (the
"detainee") contacts the lawyer under section 37; and
(b) the
lawyer intentionally discloses to another person—
(i)
the fact that a preventative detention order has been
made in relation to the detainee; or
(ii)
the fact that the detainee is being detained; or
(iii)
the period for which the detainee is being detained; or
(iv)
any information that the detainee gives the lawyer in the
course of the contact; and
(c) the
disclosure occurs while the detainee is being detained under the order; and
(d) the
disclosure is not made for the purposes of—
(i)
proceedings in the Supreme Court for a review of the
preventative detention order; or
(ii)
proceedings in a court for a remedy relating to the
preventative detention order or the treatment of the detainee in connection
with the detainee's detention under the order; or
(iii)
a complaint to the Office for Public Integrity under the
Police Complaints and Discipline Act 2016 in relation to the application
for, or making of, the preventative detention order or the treatment of the
detainee by a police officer in connection with the detainee's detention under
the order; or
(iv)
making representations to the senior police officer
nominated under section 19(2) in relation to the order, or another police
officer involved in the detainee's detention, about the exercise of powers
under the order, the performance of obligations in relation to the order or
the treatment of the detainee in connection with the detainee's detention
under the order.
Maximum penalty: Imprisonment for 5 years.
(3) A person (the
"parent/guardian") commits an offence if—
(a) a
person being detained under a preventative detention order (the
"detainee") has contact with the parent/guardian under section 39; and
(b) the
parent/guardian intentionally discloses to another person—
(i)
the fact that a preventative detention order has been
made in relation to the detainee; or
(ii)
the fact that the detainee is being detained; or
(iii)
the period for which the detainee is being detained; or
(iv)
any information that the detainee gives the
parent/guardian in the course of the contact; and
(c) the
other person is not a person the detainee is entitled to have contact with
under section 39; and
(d) the
disclosure occurs while the detainee is being detained under the order; and
(e) the
disclosure is not made for the purposes of—
(i)
a complaint to the Office for Public Integrity under the
Police Complaints and Discipline Act 2016 in relation to the
preventative detention order or the treatment of the detainee by a police
officer in connection with the detainee's detention under the order; or
(ii)
making representations to the senior police officer
nominated under section 19(2) in relation to the order, or another police
officer involved in the detainee's detention, about the exercise of powers
under the order, the performance of obligations in relation to the order or
the treatment of the detainee in connection with the detainee's detention
under the order.
Maximum penalty: Imprisonment for 5 years.
(4) To avoid doubt, a
person does not contravene subsection (3) merely by letting another
person know that the detainee is safe but is not able to be contacted for the
time being.
(4a) A person (the
"parent/guardian") commits an offence if—
(a) the
parent/guardian is a parent or guardian of a person who is being
detained under a preventative detention order (the "detainee"); and
(b) the
detainee has contact with the parent/guardian under section 39; and
(c)
while the detainee is being detained under the order, the parent/guardian
discloses information of the kind referred to in subsection (3)(b) to
another parent or guardian of the detainee (the "other parent/guardian"); and
(d) when
the disclosure is made, the detainee has not had contact with the other
parent/guardian under section 39 while being detained under the order;
and
(e) the
parent/guardian does not, before making the disclosure, inform the
nominated senior police officer for the order that the parent/guardian is
proposing to disclose information of that kind to the other parent/guardian.
Maximum penalty: Imprisonment for 5 years.
(4b) If—
(a) a
person (the "parent/guardian") is a parent or guardian of a person being
detained under a preventative detention order (the
"detainee"); and
(b) the
parent/guardian informs the nominated senior police officer for the order that
the parent/guardian proposes to disclose information of the kind referred to
in subsection (3)(b) to another parent or guardian of the detainee (the
"other parent/guardian"),
that nominated senior police officer may inform the parent/guardian that the
detainee is not entitled to contact the other parent/guardian under
section 39.
Note—
The parent/guardian may commit an offence against subsection (3) if the
other parent/guardian is a person the detainee is not entitled to have contact
with under section 39 and the parent/guardian does disclose information
of that kind to the other parent/guardian. This is because of the operation of
subsection (3)(c).
(5) A person (the
"interpreter") commits an offence if—
(a) the
interpreter is an interpreter who assists in monitoring the contact that a
person being detained under a preventative detention order (the
"detainee") has with someone while the detainee is being detained under the
order; and
(b) the
interpreter intentionally discloses to another person—
(i)
the fact that a preventative detention order has been
made in relation to the detainee; or
(ii)
the fact that the detainee is being detained; or
(iii)
the period for which the detainee is being detained; or
(iv)
any information the interpreter obtains in the course of
assisting in the monitoring of that contact; and
(c) the
disclosure occurs while the detainee is being detained under the order.
Maximum penalty: Imprisonment for 5 years.
(6) A person (the
"disclosure recipient") commits an offence if—
(a) a
person (the
"earlier discloser") intentionally discloses to the disclosure
recipient—
(i)
the fact that a preventative detention order has been
made in relation to a person; or
(ii)
the fact that a person is being detained under a
preventative detention order; or
(iii)
the period for which a person is being detained under a
preventative detention order; or
(iv)
any information that a person communicates to another
while the person is being detained under a preventative detention order; and
(b) the
disclosure by the earlier discloser to the disclosure recipient
contravenes—
(i)
subsection (1), (2), (3) or (5); or
(ii)
this subsection; and
(c) the
disclosure recipient discloses that information to another person; and
(d) the
disclosure by the disclosure recipient occurs while the person referred to in
paragraph (a)(i), (ii), (iii) or (iv) is being detained under the order.
Maximum penalty: Imprisonment for 5 years.
(7) A person (the
"monitor") commits an offence if—
(a) the
monitor is—
(i)
a police officer who monitors; or
(ii)
an interpreter who assists in monitoring,
contact that a person being detained under a preventative detention order
(the "detainee") has with a lawyer under section 37 while the detainee is
being detained under the order; and
(b)
information is communicated in the course of that contact; and
(c) the
information is communicated for 1 of the purposes referred to in
section 37(1); and
(d) the
monitor intentionally discloses that information to another person.
Maximum penalty: Imprisonment for 5 years.
Note—
See also section 38(5).