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Passing on Improperly Obtained Information Relating to a Preventative Detention Order

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:

  1. You received information from a person (the first person),
  2. 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
  3. The first person was not authorised to disclose the information to you, and
  4. You disclosed the information to a third person

Duress and necessity are defences to the charge.

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