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COMMONWEALTHAct
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s 34GE

Offences of contravening safeguards

In force
Part IIIFunctions and powers of Organisation
Division 3Compulsory questioning powers
Subdivision GOffences

34GE Offences of contravening safeguards

(1)

A person commits an offence if:

(a)

the person has been approved under section 24 to exercise authority conferred by a questioning warrant; and

(b)

the person exercises, or purports to exercise, the authority; and

(c)

the exercise, or purported exercise, contravenes a condition or restriction in the warrant on the authority; and

(d)

the person knows of the contravention.

Penalty: Imprisonment for 2 years.

(2)

A person commits an offence if:

(a)

the person is a police officer; and

(b)

the person engages in conduct in the exercise of, or the purported exercise of, authority conferred by this Division; and

(c)

the conduct contravenes section 34C; and

(d)

the person knows of the contravention.

Note:

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.

(3)

A person commits an offence if:

(a)

a prescribed authority gives a direction under:

(i)

subsection 34DD(2); or

(ii)

paragraph 34DE(1)(b), (d) or (e); or

(iii)

section 34DG; or

(iv)

subsection 34DM(4); and

(b)

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

(c)

the person engages in conduct; and

(d)

the conduct contravenes the direction; and

(e)

the person knows of the contravention.

Penalty: Imprisonment for 2 years.

(4)

A person commits an offence if:

(a)

the person uses or discloses questioning material (whether or not the person is the first to do so); and

(b)

the use or disclosure contravenes a direction given under subsection 34DF(1) about the questioning material; and

(c)

the person knows of the contravention; and

(d)

the use or disclosure is not under subsection 34DF(5) or (6) or paragraph 34EA(1)(b).

Penalty: Imprisonment for 2 years.

(5)

A person commits an offence if:

(a)

the person engages in conduct; and

(b)

the conduct contravenes:

(i)

subsection 34AG(2); or

(ii)

paragraph 34CB(2)(c); or

(iii)

section 34DI; or

(iv)

paragraph 34DN(3)(b); or

(v)

paragraph 34DO(4)(b) or (5)(a); and

(c)

the person knows of the contravention.

Penalty: Imprisonment for 2 years.

(6)

A person commits an offence if:

(a)

the person has been approved under section 24 to exercise authority conferred by a questioning warrant; and

(b)

the person exercises, or purports to exercise, the authority by questioning the subject of the warrant; and

(c)

the questioning contravenes section 34DJ or 34DK; and

(d)

the person knows of the contravention.

Penalty: Imprisonment for 2 years.

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