EVIDENCE ACT 1977 - SECT 21KD Disclosure offences

EVIDENCE ACT 1977 - SECT 21KD

21KD Disclosure offences

(1) A person commits an offence if—

(a) a witness identity protection certificate for an operative in relation to a proceeding 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 operative’s identity or where the operative lives; and

(d) the person knows that, or is reckless as to whether, the certificate had not been cancelled under section 21KB 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 by leave or an order under section 21K ; or

(ii) permitted under section 21KC .

Penalty—

Maximum penalty—2 years imprisonment.

(2) A person commits a crime 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—

Maximum penalty—10 years imprisonment.