Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p80
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 80/268)
Character Range: 569170–571873

following:
 (i) an AFP member;
 (ii) an AFP employee (within the meaning of the Australian Federal Police Act 1979);
 (iii) a member (however described) of a police force of a State or Territory;
 (iv) an ASIO employee or an ASIO affiliate.

105.44  Use of identification material
 (1) This section applies if identification material is taken under section 105.43 from a person being detained under a preventative detention order.
 (2) The material may be used only for the purpose of determining whether the person is the person specified in the order.
Note: A contravention of this subsection may be an offence under section 105.45.
 (3) If:
 (a) a period of 12 months elapses after the identification material is taken; and
 (b) proceedings in respect of:
 (i) the preventative detention order; or
 (ii) the treatment of the person in connection with the person's detention under the order;
  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 Judge of the Federal Circuit and Family Court of Australia (Division 2)
 (1) A function of making an order conferred on a Judge of the Federal Circuit and Family Court of Australia (Division 2) by section 105.43 is conferred on the Judge of the Federal Circuit and Family Court of Australia (Division 2) 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 Judge of the Federal Circuit and Family Court of Australia (Division 2) 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 Judge of the Federal Circuit and Family Court of Australia (Division 2) 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 Circuit and Family Court of Australia (Division 2).

105.47  Annual report
 (1) The AFP Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this