Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 15MS

  (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; 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; 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.