Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p76
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 76/268)
Character Range: 559325–562211

being detained under a preventative detention order (the detainee); and
 (b) the parent/guardian informs the senior AFP member nominated under subsection 105.19(5) in relation to the order that the parent/guardian proposes to disclose information of the kind referred to in paragraph (3)(b) to another parent or guardian of the detainee (the other parent/guardian);
that senior AFP member may inform the parent/guardian that the detainee is not entitled to contact the other parent/guardian under section 105.39.
Note: The parent/guardian may commit an offence against subsection (2) if the other parent/guardian is a person the detainee is not entitled to have contact with under section 105.39 and the parent/guardian does disclose information of that kind to the other parent/guardian. This is because of the operation of paragraph (3)(c).

Interpreter assisting in monitoring contact with detainee
 (5) A person (the interpreter) commits an offence if:
 (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
 (b) the interpreter discloses to another person:
 (i) the fact that a preventative detention order has been made in relation to the detainee; or
 (ii) the fact that the detainee is being detained; or
 (iii) the period for which the detainee is being detained; 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.
Penalty: Imprisonment for 5 years.

Passing on improperly disclosed information
 (6) 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
 (iii) the period for which 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:
 (i) subsection (1), (2), (3) or (5); or
 (ii) this subsection; and
 (c) the disclosure recipient discloses that information to another person; and
 (d) the disclosure by the disclosure recipient occurs while the person referred to in subparagraph (a)(i), (ii), (iii) or (iv) is being detained under the order.
Penalty: Imprisonment for 5 years.

Police officer or interpreter monitoring contact with lawyer
 (7) A person (the monitor) commits an offence if:
 (a) the monitor is: