Section 15MS — Crimes Act 1914: Disclosure offences

(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; (iv) 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. (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; (iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; 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; (iv) the conduct is for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official; 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.