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Unauthorised Use of Identification Material of a Person Under a Preventative Detention Order

Unauthorised use of identification material of a person under a preventative detention order Is an offence under section 105.45(a)(b)(vii) 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 105.44(2) of the Act which states that identification material taken from a person detained under a preventative detention order can only be used to determine whether the person is the person specified in the order.

Duress, self-defence and necessity are legal defences to the charge

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