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StatuteCrimes Act 1914

Section 15MF — Crimes Act 1914: Statutory declaration by operative

Text of the provision Official document

(1) Before a witness identity protection certificate is given for an operative, the operative must make a statutory declaration of the following matters: (a) whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence; (b) whether any charges against the operative for an offence are pending or outstanding and, if so, particulars of each charge; (c) if the operative is or was a law enforcement officer: (i) whether the operative has been found guilty of professional misconduct and, if so, particulars of each finding; and (ii) whether, to the operative’s knowledge, any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation; (d) whether, to the operative’s knowledge, a court has made any adverse comment about the operative’s credibility and, if so, particulars of the comment; (e) whether the operative has made a false representation when the truth was required and, if so, particulars of the representation; (f) if there is anything else known to the operative that may be relevant to the operative’s credibility—particulars of the thing. (2) Subject to subsection (3), a person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceeding. (3) Subsection (2) does not apply to: (a) proceedings for perjury or otherwise in respect of the falsity of the statutory declaration; or (b) proceedings of a disciplinary nature against a law enforcement officer; or (c) investigations or inquiries by a person or body in any jurisdiction having jurisdiction to investigate or inquire into the conduct of a law enforcement officer.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.