Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p51
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 51/58)
Character Range: 151158–154034

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:
 (i) a police officer who monitors; or
 (ii) an interpreter who assists in monitoring;
  contact that a person being detained under a preventative detention order (the detainee) has with a lawyer under section 105.37 while the detainee is being detained under the order; and
 (b) information is communicated in the course of that contact; and
 (c) the information is communicated for one of the purposes referred to in subsection 105.37(1); and
 (d) the monitor discloses that information to another person.

Penalty: Imprisonment for 5 years.

Note: See also subsection 105.38(5).

105.42  Questioning of person prohibited while person is detained

 (1) A police officer must