South Australian Current Acts

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CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009 - SECT 41

41—Offences

        (1)         A person commits an offence if—

            (a)         a witness identity protection certificate in respect of an operative has been given; and

            (b)         the person knows, 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, or is reckless as to whether, the certificate has not been cancelled (whether under this Act or a corresponding law) before the person does the disclosure action; and

            (e)         the person knows, or is reckless as to whether—

                  (i)         the disclosure action is not permitted under this Act; or

                  (ii)         the disclosure action is not authorised under a corresponding law.

Maximum 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 another or prejudice the effective conduct of an investigation; or

            (b)         knows, or is reckless as to whether, the disclosure action

                  (i)         endangers or will endanger the health or safety of another; or

                  (ii)         prejudices or will prejudice the effective conduct of an investigation.

Maximum penalty: Imprisonment for 10 years.



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