Terrorism (Emergency Powers) Act 2003

(a) the detainee is being detained under a preventative detention order; and

(i) the fact that a preventative detention order has been made in relation to the detainee; or

(iv) the fact that a prohibited contact order has been made in relation to the detainee's detention; and

(c) the disclosure occurs while the detainee is being detained under the order; and

(d) the disclosure is not one that the detainee is entitled to make under section 21ZI, 21ZJ, 21ZK or 21ZL.

Maximum penalty: Imprisonment for 5 years.

(a) a person being detained under a preventative detention order (the detainee) contacts the lawyer under section 21ZK or a person with whom the detainee has contact under section 21ZL contacts the lawyer as mentioned in subsection (3)(e)(ii) of this section; and

(i) the fact that a preventative detention order has been made in relation to the detainee; or

(iv) any information that the detainee or other person gives the lawyer in the course of the contact; and

(c) the disclosure occurs while the detainee is being detained under the order; and

(i) a proceeding in the Supreme Court for a remedy relating to the preventative detention order, a prohibited contact order or the treatment of the detainee in relation to the detainee's detention under the preventative detention order; or

(ii) a complaint to the Ombudsman or Ethical and Professional Standards Command in relation to the application for the preventative detention order or a prohibited contact order or the treatment of the detainee by a police officer in relation to the detainee's detention under the preventative detention order; or

(iii) making representations to the nominated police officer in relation to the preventative detention order, or another police officer involved in the detainee's detention, about:

(A) the exercise of powers under the order or the performance of functions in relation to the order; or

(B) the treatment of the detainee in relation to 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 21ZL; and

(i) the fact that a preventative detention order has been made in relation to the detainee; 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 21ZL; and

(d) the disclosure occurs while the detainee is being detained under the order; and

(i) a complaint to the Ombudsman or Ethical and Professional Standards Command in relation to the application for the preventative detention order or a prohibited contact order or the treatment of the detainee by a police officer in relation to the detainee's detention under the preventative detention order; or

(ii) contacting a lawyer whom the detainee is entitled to contact under section 21ZK for any purpose for which the detainee is entitled to contact that lawyer under that section; or

(iii) making representations to the nominated police officer in relation to the preventative detention order, or another police officer involved in the detainee's detention, about:

(A) the exercise of powers under the order or the performance of functions in relation to the order; or

(B) the treatment of the detainee in relation to the detainee's detention under the order.

Maximum penalty: Imprisonment for 5 years.

(4) To avoid doubt, a person does not contravene subsection (2) or (3) merely by letting another person know that the detainee is safe but is not able to be contacted for a specified period.

(5) 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 21ZL; and

(c) while the detainee is being detained under the order, the parent/guardian intentionally discloses information of the kind mentioned 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 21ZL while being detained under the order; and

(e) when the disclosure is made, the parent/guardian has been informed under section 21ZL(7) by the nominated police officer in relation to the order that the parent/guardian must not disclose information of that kind to the other parent/guardian.

Maximum penalty: Imprisonment for 5 years.

(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 police officer in relation to the order that the parent/guardian proposes to disclose information of the kind mentioned in subsection (3)(b) to another parent or guardian of the detainee (the other parent/guardian),

that police officer may inform the parent/guardian that the detainee is not entitled to contact the other parent/guardian under section 21ZL.

Note for subsection (6)

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 21ZL 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).

(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

(i) the fact that a preventative detention order has been made in relation to the detainee; or

(iv) any information that 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.

(8) A person (the disclosure recipient) commits an offence if:

(a) a person (the earlier discloser) 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

(iv) any information that a person who is being detained under a preventative detention order communicates to a person while the person is being detained under the order; and

(b) the disclosure by the earlier discloser to the disclosure recipient contravenes:

(c) the disclosure recipient discloses that information to another person; and

(d) the disclosure by the disclosure recipient occurs while the person mentioned in paragraph (a)(i), (ii) or (iii) is being detained under the order; and

(e) the disclosure is not made to a person exercising authority under the preventative detention order or implementing or enforcing the order or with responsibility for the safety or well-being of the person being detained under the order.

Maximum penalty: Imprisonment for 5 years.

contact that a person being detained under a preventative detention order has with a lawyer under section 21ZK while the detainee is being detained under the order; and

(c) the information is communicated for one of the purposes mentioned in section 21ZK; and

Maximum penalty: Imprisonment for 5 years.