South Australian Numbered Acts

TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 41

41—Disclosure offences

        (1)         A person (the "subject") commits an offence if—

            (a)         the subject is being detained under a preventative detention order; and

            (b)         the subject intentionally discloses to another person—

                  (i)         the fact that a preventative detention order has been made in relation to the subject; or

                  (ii)         the fact that the subject is being detained; or

                  (iii)         the period for which the subject is being detained under the order; and

            (c)         the disclosure occurs while the subject is being detained under the order; and

            (d)         the disclosure is not one that the subject is entitled to make under section 36, 37 or 39.

Maximum penalty: Imprisonment for 5 years.

        (2)         A person (the "lawyer") commits an offence if—

            (a)         a person being detained under a preventative detention order (the "detainee") contacts the lawyer under section 37; and

            (b)         the lawyer intentionally 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 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 the Supreme Court for a review of the preventative detention order; or

                  (ii)         proceedings in a 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

                  (iii)         a complaint to the Police Complaints Authority under the Police (Complaints and Disciplinary Proceedings) Act 1985 in relation to the application for, or making of, the preventative detention order or the treatment of the detainee by a police officer in connection with the detainee's detention under the order; or

                  (iv)         making representations to the senior police officer nominated under section 19(2) 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.

Maximum penalty: Imprisonment for 5 years.

        (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 39; and

            (b)         the parent/guardian intentionally 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 with whom the detainee has also had contact under section 39 while being detained under the order; 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 Police Complaints Authority under the Police (Complaints and Disciplinary Proceedings) Act 1985 in relation to the preventative detention order or the treatment of the detainee by a police officer in connection with the detainee's detention under the order; or

                  (ii)         making representations to the senior police officer nominated under section 19(2) 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.

Maximum penalty: Imprisonment for 5 years.

        (4)         To avoid doubt, a person does not contravene subsection (3) merely by letting another person know that the detainee is safe but is not able to be contacted for the time being.

        (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 intentionally 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 the 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.

Maximum penalty: Imprisonment for 5 years.

        (6)         A person (the "disclosure recipient") commits an offence if—

            (a)         a person (the "earlier discloser") intentionally 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 communicates to another while the person is being detained under a preventative detention 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 paragraph (a)(i), (ii), (iii) or (iv) is being detained under the order.

Maximum penalty: Imprisonment for 5 years.

        (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 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 1 of the purposes referred to in section 37(1); and

            (d)         the monitor intentionally discloses that information to another person.

Maximum penalty: Imprisonment for 5 years.

Note—

See also section 38(5).