Terrorism (Preventative Detention) Act 2005

A person (the "subject") commits an offence if – the subject is being detained under a preventative detention order; and the subject intentionally discloses to another person – the fact that a preventative detention order has been made in relation to the subject; or the fact that the subject is being detained; or the fact that a prohibited contact order has been made in relation to the subject's detention; and the disclosure occurs while the subject is being detained under the order; and the disclosure is not one that the subject is entitled to make under section 33, 34 or 36. Imprisonment for a term not exceeding 5 years.

A person (the "lawyer") commits an offence if – a person being detained under a preventative detention order (the "detainee") contacts the lawyer under section 34, or a person with whom the detainee has contact under section 36 contacts the lawyer as mentioned in subsection (3)(e)(ii) of this section; and the lawyer intentionally discloses to another person – the fact that a preventative detention order has been made in relation to the detainee; or the fact that the detainee is being detained; or any information that the detainee or other person gives the lawyer in the course of the contact; and the disclosure occurs while the detainee is being detained under the order; and the disclosure is not made for the purposes of – proceedings in a court for a remedy relating to the preventative detention order, a prohibited contact order or the treatment of the detainee in connection with the detainee's detention under the preventative detention order; or a complaint to the Ombudsman under the Ombudsman Act 1978 in relation to the application for, or making of, the preventative detention order or a prohibited contact order or the treatment of the detainee by a police officer in connection with the detainee’s detention under the preventative detention order; or making representations to the senior police officer nominated under section 18(7) in relation to the preventative detention 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. Imprisonment for a term not exceeding 5 years.

A person (the "parent/guardian") commits an offence if – a person being detained under a preventative detention order (the "detainee") has contact with the parent/guardian under section 36; and the parent/guardian intentionally discloses to another person – the fact that a preventative detention order has been made in relation to the detainee; or the fact that the detainee is being detained; or any information that the detainee gives the parent/guardian in the course of the contact; and the other person is a person whom the detainee is prohibited from contacting under this Act; and the disclosure occurs while the detainee is being detained under the order; and the disclosure is not made for the purposes of – a complaint to the Ombudsman under the Ombudsman Act 1978 in relation to the application for, or the making of, the preventative detention order or a prohibited contact order or the treatment of the detainee by a police officer in connection with the detainee's detention under the preventative detention order; or contacting a lawyer whom the detainee is entitled to contact under section 34 for any purpose for which the detainee is entitled to contact that lawyer under that section; or making representations to the senior police officer nominated under section 18(7) in relation to the preventative detention 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. Imprisonment for a term not exceeding 5 years.

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 or for the time being (if the preventative detention order prohibits a period being specified).

A person (the "interpreter") commits an offence if – 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 the interpreter intentionally discloses to another person – the fact that a preventative detention order has been made in relation to the detainee; or the fact that the detainee is being detained; or any information that the interpreter obtains in the course of assisting in the monitoring of that contact; and the disclosure occurs while the detainee is being detained under the order. Imprisonment for a term not exceeding 5 years.

A person (the "disclosure recipient") commits an offence if – a person (the "earlier discloser") discloses to the disclosure recipient – the fact that a preventative detention order has been made in relation to a person; or the fact that a person is being detained under a preventative detention order; or 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 the disclosure by the earlier discloser to the disclosure recipient contravenes – subsection (1), (2), (3) or (5); or this subsection; and the disclosure recipient intentionally discloses that information to another person; and the disclosure by the disclosure recipient occurs while the person referred to in paragraph (a)(i), (ii) or (iii) is being detained under the order; and 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 wellbeing of the person being detained under the order. Imprisonment for a term not exceeding 5 years.

A person (the "monitor") commits an offence if – the monitor is – a police officer who monitors; or 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 34 while the detainee is being detained under the order; and information is communicated in the course of that contact; and the information is communicated for one of the purposes referred to in section 34(1); and the monitor intentionally discloses that information to another person. Imprisonment for a term not exceeding 5 years.