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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 42BB

Giving witness identity protection certificate

    (1)     The chief officer of a law enforcement agency may give a certificate for a local operative of the agency in relation to an interstate proceeding if—

        (a)     the local operative is, or may be required, to give evidence in the interstate proceeding; and

        (b)     the chief officer is satisfied on reasonable grounds that the disclosure in the interstate proceeding of the local operative's identity or where the local operative lives is likely to—

              (i)     endanger the safety of the local operative or someone else; or

              (ii)     prejudice any investigation.

    (2)     The chief officer must make all reasonable enquiries to enable him or her to ascertain the information required to be included in the certificate by section 42BD.

    (3)     The chief officer cannot give a certificate for a local operative until the chief officer has obtained a statutory declaration from the local operative under section 42BC.

Note

The chief officer may delegate functions under this section—see section 42BJ.

S. 42BC inserted by No. 60/2004 s. 3.



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