Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p55
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 55/58)
Character Range: 161099–163868

have not been brought, or have been brought and discontinued or completed, within that period;
the material must be destroyed as soon as practicable after the end of that period.

105.45  Offences of contravening safeguards

  A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct contravenes:
 (i) subsection 105.28(1); or
 (ii) subsection 105.29(1); or
 (iii) section 105.30; or
 (iv) section 105.33; or
 (iva) subsection 105.33A(1); or
 (v) subsection 105.42(1), (2), (3) or (4); or
 (vi) subsection 105.43(1), (4) or (6); or
 (vii) subsection 105.44(2).

Penalty: Imprisonment for 2 years.

Subdivision F—Miscellaneous

105.46  Nature of functions of Federal Magistrate

 (1) A function of making an order conferred on a Federal Magistrate by section 105.43 is conferred on the Federal Magistrate in a personal capacity and not as a court or a member of a court.

 (2) Without limiting the generality of subsection (1), an order made by a Federal Magistrate under section 105.43 has effect only by virtue of this Act and is not to be taken by implication to be made by a court.

 (3) A Federal Magistrate performing a function of, or connected with, making an order under section 105.43 has the same protection and immunity as if he or she were performing that function as, or as a member of, the Federal Magistrates Court.

105.47  Annual report

 (1) The Attorney‑General must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Division during the year ended on that 30 June.

 (2) Without limiting subsection (1), a report relating to a year must include the following matters:
 (a) the number of initial preventative detention orders made under section 105.8 during the year;
 (b) the number of continued preventative detention orders made under section 105.12 during the year;
 (c) whether a person was taken into custody under each of those orders and, if so, how long the person was detained for;
 (d) particulars of any complaints in relation to the detention of a person under a preventative detention order made or referred during the year to:
 (i) the Commonwealth Ombudsman; or
 (ii) the Internal Investigation Division of the Australian Federal Police;
 (e) the number of prohibited contact orders made under sections 105.15 and 105.16 during the year;
 (f) the number of preventative detention orders, and the number of prohibited contact orders, that a court has found not to have been validly made or that the Administrative Appeals Tribunal has declared to be void.

 (3) The Attorney‑General must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.

105.48  Ombudsman