Crimes Act 1914

Part IACA - Witness identity protection for operatives  

Division 2 - Witness Identity Protection Certificates for Operatives  

SECTION 15MS   Disclosure offences  

(1)    
A person commits an offence if:

(a)    a witness identity protection certificate for an operative in relation to a proceeding has been given; and

(b)    the certificate has not been cancelled under section 15MQ ; and

(c)    the person engages in conduct; and

(d)    the conduct results in the disclosure of the operative ' s identity or where the operative lives; and

(e)    

none of the following applies:

(i) the conduct is required by section 15ML ;

(ii) the conduct is authorised by leave or by an order under section 15MM ;

(iii) the conduct is permitted under section 15MR ;

(iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.

Penalty: Imprisonment for 2 years.

(2)    
A person commits an offence if:

(a)    a witness identity protection certificate for an operative in relation to a proceeding has been given; and

(b)    the certificate has not been cancelled under section 15MQ ; and

(c)    the person engages in conduct; and

(d)    the conduct results in the disclosure of the operative ' s identity or where the operative lives; and

(e)    

none of the following applies:

(i) the conduct is required by section 15ML ;

(ii) the conduct is authorised by leave or by an order under section 15MM ;

(iii) the conduct is permitted under section 15MR ;

(iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; and

(f)    the person is reckless as to whether his or her conduct will endanger the health or safety of another person.

Penalty: Imprisonment for 10 years.

(3)    
A person commits an offence if:

(a)    a witness identity protection certificate for an operative in relation to a proceeding has been given; and

(b)    the certificate has not been cancelled under section 15MQ ; and

(c)    the person engages in conduct; and

(d)    the conduct results in the disclosure of the operative ' s identity or where the operative lives; and

(e)    

none of the following applies:

(i) the conduct is required by section 15ML ;

(ii) the conduct is authorised by leave or by an order under section 15MM ;

(iii) the conduct is permitted under section 15MR ;

(iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; and

(f)    the person is reckless as to whether his or her conduct will:

(i) prejudice any current or future investigation; or

(ii) prejudice any current or future activity relating to security.

Penalty: Imprisonment for 10 years.