Disclosure offences
15MS Disclosure offences
A person commits an offence if:
a witness identity protection certificate for an operative in relation to a proceeding has been given; and
the certificate has not been cancelled under section 15MQ; and
the person engages in conduct; and
the conduct results in the disclosure of the operative’s identity or where the operative lives; and
none of the following applies:
the conduct is required by section 15ML;
the conduct is authorised by leave or by an order under section 15MM;
the conduct is permitted under section 15MR;
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.
A person commits an offence if:
a witness identity protection certificate for an operative in relation to a proceeding has been given; and
the certificate has not been cancelled under section 15MQ; and
the person engages in conduct; and
the conduct results in the disclosure of the operative’s identity or where the operative lives; and
none of the following applies:
the conduct is required by section 15ML;
the conduct is authorised by leave or by an order under section 15MM;
the conduct is permitted under section 15MR;
the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; and
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.
A person commits an offence if:
a witness identity protection certificate for an operative in relation to a proceeding has been given; and
the certificate has not been cancelled under section 15MQ; and
the person engages in conduct; and
the conduct results in the disclosure of the operative’s identity or where the operative lives; and
none of the following applies:
the conduct is required by section 15ML;
the conduct is authorised by leave or by an order under section 15MM;
the conduct is permitted under section 15MR;
the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; and
the person is reckless as to whether his or her conduct will:
prejudice any current or future investigation; or
prejudice any current or future activity relating to security.
Penalty: Imprisonment for 10 years.
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