34GEOffences of contravening safeguards

34GE 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 questioning warrant; 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 in the exercise of, or the purported exercise of, authority conferred by this Division; and (c) the conduct contravenes section 34C; and (d) the person knows of the contravention.

Note: If a police officer engaged in the conduct in the exercise of a power otherwise than under this Division, paragraph (b) would not apply and the officer would not commit an offence against this subsection.

Penalty: Imprisonment for 2 years.

(3) A person commits an offence if: (a) a prescribed authority gives a direction under: (i) subsection 34DD(2); or (ii) paragraph 34DE(1)(b), (d) or (e); or (iii) section 34DG; or (iv) subsection 34DM(4); and (b) the person is identified (whether by name, reference to a class that includes the person or some other means) in the direction as a person who is to implement the direction; and (c) the person engages in conduct; and (d) the conduct contravenes the direction; and (e) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

(4) A person commits an offence if: (a) the person uses or discloses questioning material (whether or not the person is the first to do so); and (b) the use or disclosure contravenes a direction given under subsection 34DF(1) about the questioning material; and (c) the person knows of the contravention; and (d) the use or disclosure is not under subsection 34DF(5) or (6) or paragraph 34EA(1)(b).

Penalty: Imprisonment for 2 years.

(5) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct contravenes: (i) subsection 34AG(2); or (ii) paragraph 34CB(2)(c); or (iii) section 34DI; or (iv) paragraph 34DN(3)(b); or (v) paragraph 34DO(4)(b) or (5)(a); and (c) the person knows of the contravention.

Penalty: Imprisonment for 2 years.

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

Penalty: Imprisonment for 2 years.