Crimes Act 1914
View history note
Hide history noteA 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 .
Penalty: Imprisonment for 2 years.
[ CCH Note: S 15MS(1) will be amended by No 75 of 2025, s 3 and Sch 1 item 194, by inserting para (e)(iv), effective 4 June 2026. Para (e)(iv) will read:
]
; (iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
(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 ;
(f) the person is reckless as to whether his or her conduct will endanger the health or safety of another person.
(iii) the conduct is permitted under section 15MR ; and
Penalty: Imprisonment for 10 years.
[ CCH Note: S 15MS(2) will be amended by No 75 of 2025, s 3 and Sch 1 items 195 and 196, by substituting " section 15MR; " for " section 15MR; and " in para (e)(iii) and inserting para (e)(iv), effective 4 June 2026. Para (e)(iv) will read:
]
(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
(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 ;
(f) the person is reckless as to whether his or her conduct will:
(iii) the conduct is permitted under section 15MR ; and
(i) prejudice any current or future investigation; or
(ii) prejudice any current or future activity relating to security.
Penalty: Imprisonment for 10 years.
[ CCH Note: S 15MS(3) will be amended by No 75 of 2025, s 3 and Sch 1 items 197 and 198, by substituting " section 15MR; " for " section 15MR; and " in para (e)(iii) and inserting para (e)(iv), effective 4 June 2026. Para (e)(iv) will read:
]
(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
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