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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 42BH

Disclosure offences

    (1)     A person commits an offence if—

        (a)     a witness identity protection certificate for a local operative has been given; and

        (b)     the person knows that, or is reckless as to whether, the certificate has been given; and

        (c)     the person intentionally, knowingly or recklessly does something (the disclosure action ) that discloses, or is likely to lead to the disclosure of, the local operative's identity or where the local operative lives; and

        (d)     the person knows that, or is reckless as to whether, the certificate had not been cancelled under section 42BF before the person does the disclosure action; and

        (e)     the person knows that, or is reckless as to whether, the disclosure action is not—

              (i)     authorised under a corresponding law; or

              (ii)     permitted under section 42BG.

Penalty:     Imprisonment for 2 years.

    (2)     A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which the person—

        (a)     intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation; or

        (b)     knows that, or is reckless as to whether, the disclosure action—

              (i)     endangers or will endanger the health or safety of any person; or

              (ii)     prejudices or will prejudice the effective conduct of an investigation.

Penalty:     Imprisonment for 10 years.

    (3)     An offence against subsection (2) is an indictable offence.

    (4)     For the purposes of the Freedom of Information Act 1982 , information referred to in subsection (1) is information of a kind to which section 38 of that Act applies.

S. 42BI inserted by No. 60/2004 s. 3.



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