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CRIMES ACT 1914 - SECT 15MF

Statutory declaration by operative

             (1)  Before a witness identity protection certificate is given for an operative, the operative must make a statutory declaration of the following matters:

                     (a)  whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence;

                     (b)  whether any charges against the operative for an offence are pending or outstanding and, if so, particulars of each charge;

                     (c)  if the operative is or was a law enforcement officer:

                              (i)  whether the operative has been found guilty of professional misconduct and, if so, particulars of each finding; and

                             (ii)  whether, to the operative's knowledge, any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation;

                     (d)  whether, to the operative's knowledge, a court has made any adverse comment about the operative's credibility and, if so, particulars of the comment;

                     (e)  whether the operative has made a false representation when the truth was required and, if so, particulars of the representation;

                      (f)  if there is anything else known to the operative that may be relevant to the operative's credibility--particulars of the thing.

             (2)  Subject to subsection (3), a person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceeding.

             (3)  Subsection (2) does not apply to:

                     (a)  proceedings for perjury or otherwise in respect of the falsity of the statutory declaration; or

                     (b)  proceedings of a disciplinary nature against a law enforcement officer; or

                     (c)  investigations or inquiries by a person or body in any jurisdiction having jurisdiction to investigate or inquire into the conduct of a law enforcement officer.



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