CRIMES ACT 1914

Part IACA - Witness identity protection for operatives  

Division 1 - Preliminary  

SECTION 15M   Definitions  

(1)  


In this Part:

assumed name
of an operative has the meaning given by paragraph 15MG(1)(a)(i) .

chief officer
of a law enforcement agency means the following:


(a) in relation to the Australian Federal Police - the Commissioner of the Australian Federal Police;


(b) in relation to the Immigration and Border Protection Department - the Secretary of that Department;


(c) in relation to the ACC - the Chief Executive Officer of the ACC;


(d) in relation to the Australian Commission for Law Enforcement Integrity - the Integrity Commissioner;


(e) in relation to the Australian Taxation Office - the Commissioner of Taxation;


(f) in relation to a Commonwealth agency specified in the regulations for the purposes of the definition of law enforcement agency - the officer specified in the regulations as the chief officer of that agency.

conduct
includes any act or omission.

corresponding witness identity protection certificate
means a certificate given under a provision of a corresponding witness identity protection law that corresponds to section 15ME .

corresponding witness identity protection law
means:


(a) a law of a State or Territory; or


(b) a provision or provisions of a law of a State or Territory;

prescribed by the regulations for the purposes of this definition.

court
includes any tribunal or person authorised by law or consent of parties to receive evidence.

court name
for an operative in relation to a proceeding, means a name (other than the operative's real name) or code used to identify the operative in the proceeding.

false representation
does not include a representation made under an authority under:


(a) Part IAB (about controlled operations); or


(b) Part IAC (about assumed identities).

"investigation"
means an investigation in relation to criminal activity, including an investigation extending beyond the Commonwealth.

jurisdiction
means the Commonwealth or a State or Territory of the Commonwealth.

law enforcement agency
means the following:


(a) the Australian Federal Police;


(b) the Immigration and Border Protection Department;


(c) the ACC;


(d) the Australian Commission for Law Enforcement Integrity;


(e) the Australian Taxation Office;


(f) any other Commonwealth agency specified in the regulations.

operative
means a person who is or was:


(a) a participant in a controlled operation authorised under Part IAB ; or


(b) authorised to acquire and use an assumed identity under Part IAC by the chief officer of a law enforcement agency;

but does not include a person who is or was an intelligence officer (within the meaning of Part IAC ).

party
to a proceeding, means:


(a) for a criminal proceeding - the prosecutor and each accused person; or


(b) for a civil proceeding - each person who is a party to the proceeding.

presiding officer
in relation to a proceeding, means the person constituting the court, or presiding over the court, in the proceeding.

proceeding
means any criminal, civil or other proceeding or inquiry, reference or examination in which by law or consent of parties evidence is or may be given, and includes an arbitration.

professional misconduct
means fraud, negligence, default, breach of trust, breach of duty, breach of discipline or any other misconduct in the course of duty.

security
has the meaning given by section 4 of the Australian Security Intelligence Organisation Act 1979 .

witness identity protection certificate
means a certificate given under section 15ME .

(2)  
For the purposes of this Part:


(a) anything permitted to be done by a party to a proceeding may be done by the party's lawyer; and


(b) any requirement to give something to a party to a proceeding is satisfied by giving the thing to the party's lawyer.


 

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