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StatuteCrimes Act 1914

Section 15MG — Crimes Act 1914: Form of witness identity protection certificate

Text of the provision Official document

(1) A witness identity protection certificate for an operative in relation to a proceeding must state the following: (a) if the operative: (i) is known to a party to the proceeding or a party’s lawyer by a name other than the operative’s real name—that name (the assumed name); or (ii) is not known to any party to the proceeding or any party’s lawyer by a name—the operative’s court name for the proceeding; (b) the period the operative was involved in the investigation to which the proceeding relates; (c) the name of the agency; (d) the date of the certificate; (e) the grounds for giving the certificate; (f) whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence; (g) whether any charges against the operative for an offence are pending or outstanding and, if so, particulars of each charge; (h) 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 any allegations of professional misconduct against the operative are outstanding and, if so, particulars of each allegation; (i) whether, to the knowledge of the person giving the certificate, a court has made any adverse comment about the operative’s credibility and, if so, particulars of the comment; (j) whether, to the knowledge of the person giving the certificate, the operative has made a false representation when the truth was required and, if so, particulars of the representation; (k) if there is anything else known to the person giving the certificate that may be relevant to the operative’s credibility—particulars of the thing. (2) A witness identity protection certificate for an operative must not contain information that may allow the operative’s identity, or where the operative lives, to be revealed.

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.