Australian Capital Territory Numbered Acts

CRIMES (PROTECTION OF WITNESS IDENTITY) ACT 2011 (NO. 46 OF 2011) - SECT 20

    (1)     A person commits an offence if—

        (a)     a witness identity protection certificate for an operative in a relevant proceeding has been given; and

        (b)     the person is reckless about whether the certificate has been given; and

        (c)     the certificate has not been cancelled under section 15; and

        (d)     the person is reckless about whether the certificate has not been cancelled under section 15; and

        (e)     the person recklessly does something (the disclosure action ) that reveals, or is likely to reveal, the operative's identity or where the operative lives; and

        (f)     the disclosure action is not—

              (i)     authorised by leave or an order under section 18; or

              (ii)     allowed under section 19; and

        (g)     the person is reckless about whether the disclosure action is not—

              (i)     authorised by leave or an order under section 18; or

              (ii)     allowed under section 19.

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)).

    (2)     Absolute liability applies to subsection (1) (a), (c) and (f).

    (3)     A person commits an offence if the person commits an offence against subsection (1) in circumstances in which the person is reckless—

        (a)     as to whether the disclosure action endangers, or will endanger, the health or safety of anyone; or

        (b)     about whether the disclosure action prejudices, or will prejudice, the effective conduct of an investigation.

Maximum penalty: imprisonment for 10 years.

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