Failing to inform a person they have been detained under a preventative detention order is an offence under section 105.45(a)(b)(i) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that you contravened the safeguard contained in section 105.28(1) of the Act.
Which is:
Duress, self-defence and necessity are legal defences to the charge.
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