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AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979 - SECT 34GE

Offences of contravening safeguards

  (1)   A person commits an offence if:

  (a)   the person has been approved under section   24 to exercise authority conferred by a questioning warrant; and

  (b)   the person exercises, or purports to exercise, the authority; and

  (c)   the exercise, or purported exercise, contravenes a condition or restriction in the warrant on the authority; and

  (d)   the person knows of the contravention.

Penalty:   Imprisonment for 2 years.

  (2)   A person commits an offence if:

  (a)   the person is a police officer; and

  (b)   the person engages in conduct in the exercise of, or the purported exercise of, authority conferred by this Division; and

  (c)   the conduct contravenes section   34C; and

  (d)   the person knows of the contravention.

Note:   If a police officer engaged in the conduct in the exercise of a power otherwise than under this Division, paragraph   (b) would not apply and the officer would not commit an offence against this subsection.

Penalty:   Imprisonment for 2 years.

  (3)   A person commits an offence if:

  (a)   a prescribed authority gives a direction under:

  (i)   subsection   34DD(2); or

  (ii)   paragraph   34DE(1)(b), (d) or (e); or

  (iii)   section   34DG; or

  (iv)   subsection   34DM(4); and

  (b)   the person is identified (whether by name, reference to a class that includes the person or some other means) in the direction as a person who is to implement the direction; and

  (c)   the person engages in conduct; and

  (d)   the conduct contravenes the direction; and

  (e)   the person knows of the contravention.

Penalty:   Imprisonment for 2 years.

  (4)   A person commits an offence if:

  (a)   the person uses or discloses questioning material (whether or not the person is the first to do so); and

  (b)   the use or disclosure contravenes a direction given under subsection   34DF(1) about the questioning material; and

  (c)   the person knows of the contravention; and

  (d)   the use or disclosure is not under subsection   34DF(5) or (6) or paragraph   34EA(1)(b).

Penalty:   Imprisonment for 2 years.

  (5)   A person commits an offence if:

  (a)   the person engages in conduct; and

  (b)   the conduct contravenes:

  (i)   subsection   34AG(2); or

  (ii)   paragraph   34CB(2)(c); or

  (iii)   section   34DI; or

  (iv)   paragraph   34DN(3)(b); or

  (v)   paragraph   34DO(4)(b) or (5)(a); and

  (c)   the person knows of the contravention.

Penalty:   Imprisonment for 2 years.

  (6)   A person commits an offence if:

  (a)   the person has been approved under section   24 to exercise authority conferred by a questioning warrant; and

  (b)   the person exercises, or purports to exercise, the authority by questioning the subject of the warrant; and

  (c)   the questioning contravenes section   34DJ or 34DK; and

  (d)   the person knows of the contravention.

Penalty:   Imprisonment for 2 years.



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