Victorian Consolidated Legislation

Evidence (Miscellaneous Provisions) Act 1958 - SECT 42BS

Disclosure offences

42BS. Disclosure offences



(1) A person commits an offence if-

   (a)  an interstate witness identity protection certificate for an
        interstate operative 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 interstate operative's identity or where the
        interstate operative lives; and

   (d)  the person knows that, or is reckless as to whether, the certificate
        had not been cancelled under a corresponding law 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 42BP; or

   (ii) authorised or permitted under a corresponding law. Penalty:
        Imprisonment for 2 years.

(2) A person is guilty of an offence against this subsection 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: Imprisonment for 10 years.

(3) An offence against subsection (2) is an indictable offence.

(4) Nothing in this section prevents a person from complying with a
requirement under section 42BO.





(5) For the purposes of the Freedom of Information Act 1982, information
referred to in subsection (1) is information of a kind to which section 38 of
that Act applies.

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Division 1-Definitions