Offences of contravening safeguards
34GE Offences of contravening safeguards
A person commits an offence if:
the person has been approved under section 24 to exercise authority conferred by a questioning warrant; and
the person exercises, or purports to exercise, the authority; and
the exercise, or purported exercise, contravenes a condition or restriction in the warrant on the authority; and
the person knows of the contravention.
Penalty: Imprisonment for 2 years.
A person commits an offence if:
the person is a police officer; and
the person engages in conduct in the exercise of, or the purported exercise of, authority conferred by this Division; and
the conduct contravenes section 34C; and
the person knows of the contravention.
If a police officer engaged in the conduct in the exercise of a power otherwise than under this Division, paragraph (b) would not apply and the officer would not commit an offence against this subsection.
Penalty: Imprisonment for 2 years.
A person commits an offence if:
a prescribed authority gives a direction under:
subsection 34DD(2); or
paragraph 34DE(1)(b), (d) or (e); or
section 34DG; or
subsection 34DM(4); and
the person is identified (whether by name, reference to a class that includes the person or some other means) in the direction as a person who is to implement the direction; and
the person engages in conduct; and
the conduct contravenes the direction; and
the person knows of the contravention.
Penalty: Imprisonment for 2 years.
A person commits an offence if:
the person uses or discloses questioning material (whether or not the person is the first to do so); and
the use or disclosure contravenes a direction given under subsection 34DF(1) about the questioning material; and
the person knows of the contravention; and
the use or disclosure is not under subsection 34DF(5) or (6) or paragraph 34EA(1)(b).
Penalty: Imprisonment for 2 years.
A person commits an offence if:
the person engages in conduct; and
the conduct contravenes:
subsection 34AG(2); or
paragraph 34CB(2)(c); or
section 34DI; or
paragraph 34DN(3)(b); or
paragraph 34DO(4)(b) or (5)(a); and
the person knows of the contravention.
Penalty: Imprisonment for 2 years.
A person commits an offence if:
the person has been approved under section 24 to exercise authority conferred by a questioning warrant; and
the person exercises, or purports to exercise, the authority by questioning the subject of the warrant; and
the questioning contravenes section 34DJ or 34DK; and
the person knows of the contravention.
Penalty: Imprisonment for 2 years.
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