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 .

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 .


(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 ; 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.


 

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