Australian Capital Territory Numbered Acts

CRIMES (PROTECTION OF WITNESS IDENTITY) ACT 2011 (NO. 46 OF 2011) - NOTES

(see s 3)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     ACT

              •     chief police officer

              •     Commonwealth

              •     financial year

              •     found guilty

              •     function

              •     in relation to

              •     Legislative Assembly

              •     Minister (see s 162)

              •     police officer

              •     position

              •     territory law.

"assumed name", for an operative—see section 12 (1) (a) (i).

"Australian Crime Commission" means the Australian Crime Commission established by the Australian Crime Commission Act 2002 (Cwlth).

"chief officer" means—

        (a)     in relation to the Australian Federal Police—the chief police officer; and

        (b)     in relation to the Australian Crime Commission—the chief executive officer of the Australian Crime Commission.

"conduct "includes an act or omission.

"corresponding law "means a law of another jurisdiction that corresponds to the provisions of this Act, and includes a law of another jurisdiction that is declared by regulation to correspond to this Act.

court includes a tribunal or person authorised to receive evidence by law or consent of parties to a proceeding.

"court name", for an operative in relation to a relevant proceeding, means a code or name, other than the operative's real name, used to identify the operative in the proceeding.

"criminal activity "means conduct that involves the commission of an offence by 1 or more people.

"investigation"—

        (a)     means an investigation in relation to criminal activity; and

        (b)     includes an investigation extending beyond the ACT.

"jurisdiction "means the Commonwealth or a State or Territory of the Commonwealth.

law enforcement agency means—

        (a)     the Australian Federal Police; or

        (b)     the Australian Crime Commission.

operative means a person who is, or was—

        (a)     authorised to acquire and use an assumed identity under the Crimes (Assumed Identities) Act 2009; or

        (b)     a participant in an authorised operation under the Crimes (Controlled Operations) Act 2008.

"party", to a proceeding, means—

        (a)     for a criminal proceeding—the prosecutor and each accused person; or

        (b)     for a civil proceeding—each person who is a litigant to the proceeding; or

        (c)     for any other proceeding—each person who may appear or give evidence in the proceeding.

proceeding—

        (a)     means a criminal, civil or other proceeding or inquiry, reference or examination in which evidence is or may be given by law or consent of parties to the proceeding; and

        (b)     includes an arbitration.

"relevant proceeding", in relation to an operative—see section 9.

"witness", in relation to a relevant proceeding, includes an operative.

witness identity protection certificate—see section 11 (1).

Crimes (Protection of Witness Identity) Act 2011

A2011-46