Document ID: chunk:federal_register_of_legislation:C2004A01162:clause:1_34nb:p1
Version: federal_register_of_legislation:C2004A01162
Segment Type: clause
Provision Reference: sch 1 cl 34NB (pt 1/2)
Character Range: 53844–56623

34NB  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 section 34D; 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 34DA; 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 34F(1)(c), (d), (e) or (f) or subsection 34HA(4), 34NA(2) or (8) or 34V(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 34F(9)(c), subsection 34H(4), paragraph 34HAA(3)(b) or (4)(a) or subsection 34J(2); and
 (c) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

 (4A) A person commits an offence if:
 (a) the person has been approved under section 24 to exercise authority conferred by a warrant issued under section 34D; and
 (b) the person exercises, or purports to exercise, the authority by questioning another person; and
 (c) the questioning contravenes section 34HB; and
 (d) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

 (5) 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 34M(1); and
 (d) the searcher knows of the lack of approval and consent or of the contravention.

Penalty: Imprisonment for 2 years.

 (6) 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 34M(4); and
 (d) the searcher knows of the contravention.

Penalty: Imprisonment for 2 years.

 (7) In this