Passing on Improperly Obtained Information Relating to a Preventative Detention Order is an offence under section 105.41(6) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You received information from a person (the first person),
- The information related to a preventative detention order against another person (the detainee) or information received during the first person’s contact with the detainee
- The first person was not authorised to disclose the information to you, and
- You disclosed the information to a third person
Duress and necessity are defences to the charge.