Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p74
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 74/268)
Character Range: 554310–557034

is being detained; or
 (iv) any information that the detainee gives the lawyer in the course of the contact; and
 (c) the disclosure occurs while the detainee is being detained under the order; and
 (d) the disclosure is not made for the purposes of:
 (i) proceedings in a federal court for a remedy relating to the preventative detention order or the treatment of the detainee in connection with the detainee's detention under the order; or
 (ii) a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to the application for, or making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee's detention under the order; or
 (iia) the giving of information under section 40SA of the Australian Federal Police Act 1979 in relation to the application for, or making of, the preventative detention order or the treatment of the detainee by an AFP member in connection with the detainee's detention under the order; or
 (iii) a complaint to an officer or authority of a State or Territory about the treatment of the detainee by a member of the police force of that State or Territory in connection with the detainee's detention under the order; or
 (iv) making representations to the senior AFP member nominated under subsection 105.19(5) in relation to the 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.
Penalty: Imprisonment for 5 years.

Person having special contact with detainee who is under 18 years of age or incapable of managing own affairs
 (3) A person (the parent/guardian) commits an offence if:
 (a) a person being detained under a preventative detention order (the detainee) has contact with the parent/guardian under section 105.39; and
 (b) the parent/guardian 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 the detainee gives the parent/guardian in the course of the contact; and
 (c) the other person is not a person the detainee is entitled to have contact with under section 105.39; and
 (d) the disclosure occurs while the detainee is being detained under the order; and
 (e) the disclosure is not made for the purposes of:
 (i) a complaint to the Commonwealth Ombudsman under the Ombudsman Act 1976 in relation to the application for, or the making of, the preventative