Australian Capital Territory Numbered Acts

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CRIMES (PROTECTION OF WITNESS IDENTITY) ACT 2011 (NO. 46 OF 2011) - SECT 17

Orders to protect operative's identity

    (1)     If a witness identity protection certificate for an operative is filed in a court, the court may make any order it considers necessary or desirable to prevent disclosure of the operative's identity or where the operative lives.

    (2)     A person commits an offence if—

        (a)     an order has been made under subsection (1); and

        (b)     the person is reckless about whether an order has been made under subsection (1); and

        (c)     the person contravenes the order.

Maximum penalty: imprisonment for 2 years.

Note     The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).

    (3)     Subsection (2) does not limit the court's power to punish for contempt.



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