Document ID: chunk:federal_register_of_legislation:C2006A00054:clause:1_34zf:p1
Version: federal_register_of_legislation:C2006A00054
Segment Type: clause
Provision Reference: sch 1 cl 34ZF (pt 1/2)
Character Range: 60411–63191

34ZF  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 warrant issued under this Division; 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; and
 (c) the conduct contravenes section 34H; and
 (d) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

 (3) A person commits an offence if:
 (a) the person is identified (whether by name, reference to a class that includes the person or some other means) in a direction given by a prescribed authority under paragraph 34K(1)(c), (d), (f) or (g) or subsection 34Q(4), 34ZE(2) or (8) or 34ZR(3) as a person who is to implement the direction; and
 (b) the person engages in conduct; and
 (c) the conduct contravenes the direction; and
 (d) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

 (4) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct contravenes paragraph 34K(11)(c), subsection 34M(4), paragraph 34N(3)(b) or (4)(a) or subsection 34T(2); and
 (c) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

 (5) A person commits an offence if:
 (a) the person has been approved under section 24 to exercise authority conferred by a warrant issued under this Division; and
 (b) the person exercises, or purports to exercise, the authority by questioning another person; and
 (c) the questioning contravenes section 34R; and
 (d) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

 (6) A person (the searcher) commits an offence if:
 (a) the searcher is a police officer; and
 (b) the searcher conducts a strip search of a person detained under this Division; and
 (c) the search is conducted:
 (i) without either the approval of a prescribed authority or the consent of the detained person; or
 (ii) in a way that contravenes subsection 34ZC(1); and
 (d) the searcher knows of the lack of approval and consent or of the contravention.

Penalty: Imprisonment for 2 years.

 (7) A person (the searcher) commits an offence if:
 (a) the searcher is a police officer who is conducting or has conducted a strip search of a person detained under this Division; and
 (b) the searcher engages in conduct; and
 (c) the conduct contravenes subsection 34ZC(5); and
 (d) the searcher knows of the contravention.

Penalty: Imprisonment for 2 years.

 (8) In this