Crimes Act 1914
Sections and provisions with full text and the judgments that cite each one.
Section 15JM — Integrity testing authorities—defects
An application for an integrity testing authority or for the variation of an authority, and any integrity testing authority or variation granted on the basis of such an application, is not…
Section 15KM — Return of evidence of assumed identity
(1) This section applies if an authority for a person to acquire or use an assumed identity ceases to be in force. (2) The chief officer of a law enforcement agency or the chief officer of an…
Section 15M — Definitions
(1) In this Part: assumed name of an operative has the meaning given by paragraph 15MG(1)(a)(i). chief officer of a law enforcement agency means the following: (a) in relation to the Australian…
Section 15MM — Disclosure of operative’s identity etc. despite certificate
(1) This section applies if a witness identity protection certificate for an operative in relation to a proceeding is filed in a court. (2) A party to the proceeding, or a lawyer assisting the court…
Section 15YM — Use of video or audio recordings of interviews
(1) A video or audio recording of an interview of a person to whom subsection (1A) applies in a proceeding may be admitted as evidence in chief if a constable, or a person of a kind specified in the…
Section 15GN — Commencement and duration of authorities
(1) An authority to conduct a controlled operation comes into force, and the controlled operation is taken to commence, at the time the authority is granted under section 15GI. (2) To avoid doubt, an…
Section 15HN — Chief officers’ annual reports to Minister, and Inspector-General of Intelligence and Security or Ombudsman
(1) As soon as practicable after 30 June in each year, the chief officer of each authorising agency must submit a report to the Minister setting out the details required by subsections 15HM(2), (2A),…
Section 15JN — Integrity testing operations—authorised conduct
(1) Subject to subsection (2), an integrity testing authority for an integrity testing operation authorises each person identified in the authority as a participant to take part in the operation,…
Section 15KN — Protection from criminal liability—officers of issuing agencies
The chief officer, or an officer, of an issuing agency who does something that, apart from this section, would be a Commonwealth offence or an offence against a law of a State or Territory, is not…
Section 15MN — Application for leave—joinder as respondent
(1) This section applies if: (a) a witness identity protection certificate for an operative in relation to a proceeding is filed in a court; and (b) a person applies: (i) for leave under section 15MI…
Section 15YN — Admissibility of evidence given using video or audio recordings of interviews
(1) The admissibility of the evidence given by video or audio recording is not affected by the fact that it is evidence of previous representations that the person made in the interview that was…
Section 15GO — Variation of authority by appropriate authorising officer
(1) An appropriate authorising officer may vary an authority: (a) at any time on the authorising officer’s own initiative; or (b) on application under subsection 15GP(1). (2) A variation may: (a)…
Section 15HO — Annual report by Ombudsman
(1) The Ombudsman must, as soon as practicable after 30 June in each year: (a) prepare a report of the work and activities under this Part of the Ombudsman for the preceding 12 months; and (b) give a…
Section 15JO — Integrity testing operations—indemnity against civil liability
The Commonwealth must indemnify a participant in an integrity testing operation that is authorised by an integrity testing authority against any civil liability (including reasonable costs) the…
Section 15KO — Indemnity for issuing agencies and officers
(1) This section applies if the chief officer of either a law enforcement agency or an intelligence agency makes a request under section 15KI or gives a direction under section 15KL to the chief…
Section 15MO — Directions to jury
(1) This section applies if: (a) a witness identity protection certificate for an operative in relation to a proceeding is filed in a court; and (b) there is a jury in the proceeding; and (c) the…
Section 15YO — Adults accompanying vulnerable persons
(1) A person to whom subsection (1A) applies may choose an adult to accompany the person while the person is giving evidence in a proceeding or at an evidence recording hearing (including while…
Section 15GP — Application to appropriate authorising officer
(1) The principal law enforcement officer for a controlled operation, or any other Australian law enforcement officer acting on behalf of the principal law enforcement officer, may apply under this…
Section 15HP — Keeping documents connected with controlled operations
The chief officer of an authorising agency must cause the following to be kept: (a) each formal application made to an authorising officer of the agency; (b) each written record of an urgent…
Section 15JP — Integrity testing operations—participants unaware of variation or cancellation of authority
(1) If an integrity testing authority for an integrity testing operation is varied in a way that limits the scope of the operation, this Part continues to apply to a participant in the operation as…
Section 15KP — Assumed identity may be acquired and used
A person may acquire or use an assumed identity if: (a) the person is an authorised person (other than an authorised civilian) and the acquisition or use is: (i) in accordance with an authority; and…
Section 15MP — Appeals and adjournments
(1) This section applies if, in proceedings before a court (the original court): (a) the original court gives, or refuses, leave under section 15MI or 15MM in relation to a witness identity…
Section 15YP — Excluding people from the courtroom
The court may order that some or all of the members of the public be excluded from the courtroom in which any of the following persons is giving evidence in a proceeding: (a) for a child proceeding—a…
Section 15GQ — Requirements for variation of authority
(1) After considering an application for a variation of an authority, and any additional information provided under subsection 15GP(7), an appropriate authorising officer: (a) may vary the authority…
Section 15HQ — General register
(1) The chief officer of each authorising agency must cause a general register to be kept. (2) The general register is to specify: (a) for each application under this Part made to an authorising…
Section 15JQ — Integrity testing operations—disclosure
Disclosure—offence (1) A person commits an offence if: (a) the person discloses information; and (b) the information relates to an integrity testing operation. Penalty: Imprisonment for 2 years.…
Section 15KQ — Protection from criminal liability—authorised persons
If an authorised person does something that, apart from this section, would be a Commonwealth offence or an offence under a law of a State or Territory, the person is not criminally responsible for…
Section 15MQ — Witness identity protection certificate—cancellation
(1) This section applies if the chief officer of a law enforcement agency gives a witness identity protection certificate for an operative in relation to a proceeding. (2) The chief officer must…
Section 15YQ — Warnings etc. not to be given about vulnerable persons evidence
(1) If there is a jury in a proceeding in which a person to whom subsection (2) applies has given or will give evidence, the judge is not to warn the jury, or suggest to the jury in any way: (a) that…
Section 15GR — Manner of varying authority
(1) An authority may be varied by an appropriate authorising officer (whether on application or on the authorising officer’s own initiative) only: (a) in the case of a variation on the authorising…
Section 15HR — Appointment of inspecting officers
(1) The Ombudsman may appoint members of the Ombudsman’s staff to be inspecting officers for the purposes of this Part. (2) An appointment under subsection (1) must be in writing. Note: Inspections…
Section 15JR — Integrity testing operations—disclosure endangering safety etc.
Offence—disclosure endangering safety etc. (1) A person commits an offence if: (a) the person discloses information; and (b) the information relates to an integrity testing operation; and (c) either:…
Section 15KR — Protection from criminal liability—third parties
If a person does something that, apart from this section, would be a Commonwealth offence or an offence under a law of a State or Territory, the person is not criminally responsible for the offence…
Section 15MR — Permission to give information disclosing operative’s identity etc.
(1) This section applies if the chief officer of a law enforcement agency gives a witness identity protection certificate for an operative in relation to a proceeding. (2) The chief officer may, in…
Section 15YR — Publication identifying another person as a child witness, child complainant, vulnerable adult complainant or special witness
(1) A person commits an offence if: (a) the person publishes any matter; and (b) the person does not have the leave of the court to publish the matter; and (c) the matter identifies, or is likely to…
Section 15GS — Form of variation of authority
(1) A variation of an authority by an appropriate authorising officer (whether formal or urgent) must: (a) identify the controlled operation to which the authority relates; and (b) state the name and…
Section 15HS — Inspection of records by the Ombudsman
(1) The Ombudsman must, from time to time and at least once every 12 months, inspect the records of each authorising agency, except the ACC, to determine the extent of compliance with this Part by…
Section 15JS — Integrity testing operations—annual reports
(1) As soon as practicable after 30 June in each year, the chief officer of each integrity testing agency must submit a report to the Law Enforcement Minister setting out the details required by…
Section 15KS — Indemnity for authorised persons
(1) This section applies if the chief officer of either a law enforcement agency or an intelligence agency grants an authority. (2) The Commonwealth must indemnify the authorised person under the…
Section 15MS — 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 15YS — General powers of a court
(1) The power of a court to control the conduct of a proceeding is not affected by this Part, except so far as this Part provides otherwise expressly or by necessary intendment. (2) In particular,…
Section 15GT — Variation of formal authority to extend period of effect beyond 3 months
(1) A nominated Tribunal member may vary a formal authority on application under subsection 15GU(1). (2) Subject to subsection (3), a variation may extend the period of effect of the authority. (3)…
Section 15HT — Power to obtain relevant information
(1) If the Ombudsman has reasonable grounds to believe that a law enforcement officer of a particular law enforcement agency (whether or not the agency is an authorising agency) is able to give…
Section 15JT — Evidence of integrity testing authorities
A document purporting to be an integrity testing authority: (a) is admissible in any legal proceedings; and (b) in the absence of evidence to the contrary, is proof in any proceedings (not being…
Section 15KT — Particular qualifications
(1) Sections 15KQ, 15KR and 15KS do not apply to anything done by an authorised person if: (a) a particular qualification is needed to do the thing; and (b) the person does not have that…
Section 15MT — Evidentiary certificates
(1) A chief officer of a law enforcement agency may sign a certificate stating any of the following: (a) that, for the purposes of paragraph 15MS(1)(b), (2)(b) or (3)(b), a witness identity…
Section 15YT — Other video link evidence provisions are unaffected
Nothing in this Part affects the operation of Division 279 of the Criminal Code (about video link evidence in offences against humanity).
Section 15GU — Application to nominated Tribunal member
(1) The principal law enforcement officer for a controlled operation for which there is a formal authority, or any other Australian law enforcement officer acting on behalf of the principal law…
Section 15HU — Offence
A person commits an offence if: (a) the person is required under section 15HT to attend before an inspecting officer, to give information or to answer questions; and (b) the person refuses or fails…
Section 15KU — Effect of being unaware of variation or cancellation of authority
(1) If an authority has been varied in a way that limits its scope, this Part continues to apply to the authorised person to whom it relates as if it had not been varied in that way, for as long as…