Cancellation of witness identity protection certificate
42BF Cancellation of witness identity protection certificate
S. 42BF inserted by No. 60/2004 s. 3.
This section applies if the chief officer of a law enforcement agency gives a witness identity protection certificate for a local operative of the agency in relation to an interstate proceeding.
The chief officer must cancel the witness identity protection certificate if the chief officer considers that it is no longer necessary or appropriate to prevent the disclosure of the local operative's identity or where the local operative lives.
If the chief officer cancels the certificate after it has been filed in an interstate court, the chief officer must immediately give notice to the interstate court and each party to the interstate proceeding, in writing, that the certificate has been cancelled.
Note
The chief officer may delegate functions under this section—see section 42BJ.
S. 42BG inserted by No. 60/2004 s. 3.
42BG Permission to give information disclosing operative's identity etc.
This section applies if the chief officer of a law enforcement agency gives a witness identity protection certificate for a local operative of the agency in relation to an interstate proceeding.
The chief officer may, in writing, permit a person to give information (otherwise than in the proceeding) that discloses, or may lead to the disclosure of, the local operative's identity or where the local operative lives if the chief officer considers it necessary or appropriate for the information to be given.
The permission—
must name the person who may give the information; and
must name the person to whom the information may be given; and
must state the information that may be given; and
may state how the information may be given.
Note
The chief officer may delegate functions under this section—see section 42BJ.
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