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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 42BI

Reports about witness identity protection certificates

    (1)     A s soon as practicable after the end of each financial year, the chief officer of a law enforcement agency must submit to the Minister a report about witness identity protection certificates given by the chief officer during that year.

    (2)     The report must include the following—

        (a)     the number of witness identity protection certificates given; and

        (b)     on what basis the chief officer was satisfied about the matters mentioned in section 42BB(1)(b) for each certificate; and

        (c)     if leave was given or an order made under a provision of a corresponding law that corresponds to section 42BP in an interstate proceeding in which a witness identity protection certificate for a local operative of the agency was filed—details of the interstate proceeding that relate to the leave or order; and

        (d)     if a witness identity protection certificate was cancelled under section 42BF—the reasons why the certificate was cancelled; and

        (e)     if a permission was given under section 42BG—the reasons why the permission was given; and

        (f)     any other information relating to witness identity protection certificates and the administration of this Part that the Minister considers appropriate.

    (3)     The report must not include information that discloses, or may lead to the disclosure of, a local operative's identity, or where the local operative lives, unless the witness identity protection certificate for the local operative has been cancelled.

    (4)     The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives the report.

S. 42BJ inserted by No. 60/2004 s. 3.



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