Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Crimes (Protection of Witness Identity)
Act 2011
A2011-46
Republication No 4
Effective: 17 December 2021
Republication date: 17 December 2021
Last amendment made by A2021-33
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Crimes (Protection of Witness Identity) Act 2011 (including any
amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
17 December 2021. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 17 December 2021.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Crimes (Protection of Witness Identity)
Act 2011
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 2
6 Purpose of Act 3
7 Relationship to other laws 3
8 Powers of party’s lawyer 3
Part 2 Witness identity protection certificates for
operatives
Division 2.1 Preliminary
9 Meaning of relevant proceeding 4
Contents
Page
contents 2 Crimes (Protection of Witness Identity) Act 2011
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10 Common law not affected by pt 2 4
Division 2.2 Witness identity protection certificates
11 Giving certificates 4
12 Form of certificates 5
13 Filing and notification of certificates 8
14 Effect of certificates 9
15 Cancelling certificates 10
16 Directions to jury 11
Division 2.3 Protection and disclosure of operative’s identity or
where operative lives
17 Orders to protect operative’s identity 11
18 Authorised disclosure of operative’s identity—court leave or order 12
19 Authorised disclosure of operative’s identity—chief officer notice 14
20 Offences—disclosure of operative’s identity 15
Part 3 Miscellaneous
21 Annual report 17
22 Mutual recognition of certificates under corresponding laws 18
23 Delegation 18
24 Regulation-making power 19
Dictionary 20
Endnotes
1 About the endnotes 23
2 Abbreviation key 23
3 Legislation history 24
4 Amendment history 25
5 Earlier republications 26
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Australian Capital Territory
Crimes (Protection of Witness Identity)
Act 2011
An Act to provide for the protection of the identity of operative witnesses
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Crimes (Protection of Witness Identity) Act 2011.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘relevant proceeding, in relation to
an operative—see section 9.’ means that the term ‘relevant proceeding’
is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Preliminary Part 1
Section 6
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6 Purpose of Act
The main purpose of this Act is to facilitate, for law enforcement
purposes, investigations in relation to criminal activity or corrupt
conduct, including investigations extending beyond the ACT, by—
(a) providing for the protection of the identity of operatives; and
(b) facilitating mutual recognition of witness identity protection
certificates under corresponding laws.
7 Relationship to other laws
The following Acts do not apply in relation to activities, documents,
and records under this Act:
(a) the Freedom of Information Act 2016;
(b) the Territory Records Act 2002.
8 Powers of party’s lawyer
For this Act—
(a) anything that may be done by a party to a proceeding may be
done by the party’s lawyer; and
(b) a requirement to give something to a party to a proceeding is
satisfied by giving the thing to the party’s lawyer.
Part 2 Witness identity protection certificates for operatives
Division 2.1 Preliminary
Section 9
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Part 2 Witness identity protection
certificates for operatives
Division 2.1 Preliminary
9 Meaning of relevant proceeding
In this Act:
relevant proceeding, in relation to an operative, means a proceeding
in which the operative is, or may be, required to give evidence
obtained as an operative.
10 Common law not affected by pt 2
To remove any doubt, this part does not affect the operation of the
common law in relation to the protection of the identity of a person if
the person—
(a) is not an operative; and
(b) gives or intends to give evidence in a proceeding.
Division 2.2 Witness identity protection
certificates
11 Giving certificates
(1) The chief officer of a law enforcement agency may give a certificate
(a witness identity protection certificate) for an operative of the
agency in relation to a relevant proceeding if the chief officer is
satisfied on reasonable grounds that revealing the operative’s identity
or where the operative lives in the proceeding is likely to—
(a) endanger the safety of the operative or someone else; or
(b) prejudice any investigation.
Note The chief officer may delegate a function under this section (see s 23).
Witness identity protection certificates for operatives Part 2
Witness identity protection certificates Division 2.2
Section 12
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(2) A decision to give a witness identity protection certificate—
(a) is final and is not subject to appeal or review; and
(b) must not be called into question, quashed or invalidated by a
court.
(3) Subsection (2) does not prevent a decision to give a witness identity
protection certificate being called into question in a proceeding of a
disciplinary nature against the person who made the decision.
12 Form of certificates
(1) A witness identity protection certificate for an operative of a law
enforcement agency in a relevant proceeding must state the
following:
(a) if the operative—
(i) is known to a party to the proceeding or a party’s lawyer
by a name other than the operative’s real name
(an assumed name)—the operative’s assumed name; or
(ii) is not known to any party to the proceeding or any party’s
lawyer by a name—the operative’s court name for the
proceeding;
(b) the period the operative was involved in the investigation to
which the proceeding relates;
(c) the name of the agency;
(d) the date of the certificate;
(e) the grounds for giving the certificate;
(f) whether the operative has been convicted or found guilty of an
offence and, if so, details of each offence;
(g) whether any charges against the operative for an offence are
pending or outstanding and, if so, details of each charge;
Part 2 Witness identity protection certificates for operatives
Division 2.2 Witness identity protection certificates
Section 12
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(h) if the operative is or was a law enforcement officer—
(i) whether the operative has been found guilty of professional
misconduct and, if so, details of each finding; and
(ii) whether any allegations of professional misconduct against
the operative are outstanding and, if so, details of each
allegation;
(i) whether, to the knowledge of the person giving the certificate, a
court has commented unfavourably about the operative’s
credibility and, if so, details of the comment;
(j) whether, to the knowledge of the person giving the certificate,
the operative has made a false representation and, if so, details
of the representation;
(k) anything else the person giving the certificate knows that may
be relevant to the operative’s credibility.
(2) A witness identity protection certificate for an operative must not
contain information that reveals, or may reveal, the operative’s
identity or where the operative lives.
(3) The chief officer must make all reasonable enquiries to find out the
information mentioned in subsection (1).
Note The chief officer may delegate a function under this section (see s 23).
(4) In this section:
false representation does not include a representation made under an
authority under—
(a) the Crimes (Assumed Identities) Act 2009; or
Witness identity protection certificates for operatives Part 2
Witness identity protection certificates Division 2.2
Section 12
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(b) the Crimes (Controlled Operations) Act 2008.
Note A law enforcement officer of a law enforcement agency may be granted
an authority to—
(a) acquire or use an assumed identity under the Crimes (Assumed
Identities) Act 2009; or
(b) conduct a controlled operation on behalf of the agency under the
Crimes (Controlled Operations) Act 2008.
law enforcement officer—see the Crimes (Assumed Identities)
Act 2009, dictionary.
outstanding—
(a) a charge against a person for an offence is outstanding until the
charge is finally dealt with in any of the following ways:
(i) the charge is withdrawn;
(ii) the charge is dismissed by a court;
(iii) the person is discharged by a court following a committal
hearing;
(iv) the person is acquitted, convicted or found guilty by a court
of the offence.
Note Found guilty, of an offence—see the Legislation Act, dictionary,
pt 1.
(b) an allegation of professional misconduct against a person
is outstanding if the allegation has not been finally dealt with in
accordance with—
(i) the Australian Crime Commission Act 2002 (Cwlth); or
(ii) the Australian Federal Police Act 1979 (Cwlth).
Part 2 Witness identity protection certificates for operatives
Division 2.2 Witness identity protection certificates
Section 13
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pending—a charge against a person for an offence is pending if the
person has not yet been charged with the offence, but the person
has—
(a) been arrested for the offence (unless the person is later released
without being charged with an offence); or
(b) been served with a summons to appear before a court to answer
a charge for the offence.
professional misconduct means misconduct or a breach of discipline
under—
(a) the Australian Crime Commission Act 2002 (Cwlth); or
(b) the Australian Federal Police Act 1979 (Cwlth); or
(c) a law of another jurisdiction that corresponds to the Australian
Federal Police Act 1979 (Cwlth); or
(d) a law of a foreign country that corresponds to the Australian
Federal Police Act 1979 (Cwlth).
13 Filing and notification of certificates
(1) A witness identity protection certificate for an operative in a relevant
proceeding must be filed in the court dealing with the proceeding
before the operative gives evidence in the proceeding.
(2) A person who files a certificate under subsection (1) must give a copy
to—
(a) each party to the proceeding by the relevant day; and
(b) if the court orders the person to give a copy to someone else—
that person.
Witness identity protection certificates for operatives Part 2
Witness identity protection certificates Division 2.2
Section 14
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(3) In this section:
relevant day means—
(a) the day 14 days before the operative is to give evidence; or
(b) if a party agrees to a day less than 14 days before the operative
is to give evidence—that day.
14 Effect of certificates
(1) This section applies if a person files a witness identity protection
certificate for an operative under section 13 (1) and—
(a) the person complies with section 13 (2); or
(b) the person does not comply with section 13 (2), but the court
gives leave for this section to apply despite the non-compliance.
(2) The operative may give evidence in the proceeding under the
operative’s—
(a) assumed name; or
(b) court name for the proceeding.
Note A witness identity protection certificate must state either an operative’s
assumed name or court name for the proceeding—see s 12 (1) (a).
(3) A witness must not—
(a) be asked a question if the answer may reveal the operative’s
identity or where the operative lives; and
(b) answer a question, give evidence or provide information that
reveals, or may reveal, the operative’s identity or where the
operative lives.
(4) A person involved in the proceeding must not make a statement that
reveals, or may reveal, the operative’s identity or where the operative
lives.
(5) Subsections (3) and (4) apply subject to section 18.
Part 2 Witness identity protection certificates for operatives
Division 2.2 Witness identity protection certificates
Section 15
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(6) In this section:
person involved in the proceeding means any of the following:
(a) the court dealing with the proceeding;
(b) a party to the proceeding;
(c) a person given leave to be heard or make submissions in the
proceeding;
(d) a lawyer—
(i) representing a person referred to in paragraph (b) or (c); or
(ii) assisting the court in the proceeding;
(e) an officer of the court or person assisting the court in the
proceeding;
(f) a person executing any process or enforcing an order in the
proceeding.
15 Cancelling certificates
(1) This section applies if the chief officer of a law enforcement agency
gives a witness identity protection certificate for an operative of the
agency in a relevant proceeding.
(2) The chief officer must cancel the certificate if the chief officer
considers that the certificate is no longer necessary or appropriate to
prevent disclosure of the operative’s identity or where the operative
lives.
(3) If the chief officer cancels the certificate after it has been filed in a
court, the chief officer must give written notice of the cancellation (a
cancellation notice) to—
(a) the court dealing with the proceeding (by filing the cancellation
notice in court); and
Witness identity protection certificates for operatives Part 2
Protection and disclosure of operative’s identity or where operative lives Division 2.3
Section 16
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(b) each party to the proceeding
Note The chief officer may delegate a function under this section (see s 23).
16 Directions to jury
(1) This section applies if—
(a) a witness identity protection certificate for an operative in a
relevant proceeding is filed in a court dealing with the
proceeding; and
(b) there is a jury in the proceeding; and
(c) the operative gives evidence in the proceeding.
(2) The court must tell the jury that the jury must not give the operative’s
evidence any more or less weight, or draw any inference against the
defendant or another party to the proceeding, because—
(a) there is a witness identity protection certificate for the operative;
or
(b) if the court has made an order under section 17 (1) or
section 18 (7), (8) or (9)—the court order has been made.
(3) However, the court may refuse to direct the jury if the court considers
that it would be inappropriate to give the direction.
Division 2.3 Protection and disclosure of
operative’s identity or where
operative lives
17 Orders to protect operative’s identity
(1) If a witness identity protection certificate for an operative is filed in a
court, the court may make any order it considers necessary or
desirable to prevent disclosure of the operative’s identity or where the
operative lives.
Part 2 Witness identity protection certificates for operatives
Division 2.3 Protection and disclosure of operative’s identity or where operative lives
Section 18
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(2) A person commits an offence if—
(a) an order has been made under subsection (1); and
(b) the person is reckless about whether an order has been made
under subsection (1); and
(c) the person contravenes the order.
Maximum penalty: imprisonment for 2 years.
Note The fault element of recklessness can be satisfied by proof of intention,
knowledge or recklessness (see Criminal Code, s 20 (4)).
(3) Subsection (2) does not limit the court’s power to punish for
contempt.
18 Authorised disclosure of operative’s identity—court leave
or order
(1) This section applies if a witness identity protection certificate for an
operative in a relevant proceeding is filed in a court dealing with the
proceeding.
(2) A party to the proceeding, or a lawyer assisting the court in the
proceeding, may apply to the court—
(a) for leave—
(i) to ask a witness a question that may reveal the operative’s
identity or where the operative lives; or
(ii) for a person involved in the proceeding to make a statement
that reveals, or may reveal, the operative’s identity or
where the operative lives; or
(b) for an order requiring a witness to answer a question, give
evidence or provide information that reveals, or may reveal, the
operative’s identity or where the operative lives.
Witness identity protection certificates for operatives Part 2
Protection and disclosure of operative’s identity or where operative lives Division 2.3
Section 18
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(3) The court may—
(a) give leave for a person to do anything mentioned in
subsection (2) (a); or
(b) make an order requiring a witness to do anything mentioned in
subsection (2) (b).
(4) However, the court must not give leave or make an order under
subsection (3) unless satisfied that—
(a) there is evidence that, if accepted, would substantially challenge
the operative’s credibility; and
(b) it would be impractical to properly test the operative’s
credibility without disclosing, or risking disclosure of, the
operative’s identity or where the operative lives; and
(c) it is in the interests of justice for the operative’s credibility to be
tested.
(5) If there is a jury in the proceeding, the application must be heard in
the absence of the jury.
(6) Unless the court considers that the interests of justice require
otherwise, the court must be closed when—
(a) the application is made; and
(b) if the court gives leave or makes an order under subsection (3)—
the question is asked and answered, the statement is made, the
evidence is given or the information is provided.
(7) The court must make an order suppressing the publication of anything
said when—
(a) the application is made; and
(b) if the court gives leave or makes an order under subsection (3)—
the question is asked and answered, the statement is made, the
evidence is given or the information is provided.
Part 2 Witness identity protection certificates for operatives
Division 2.3 Protection and disclosure of operative’s identity or where operative lives
Section 19
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(8) Subsection (7) does not prevent a transcript of court proceedings
being taken, but the court may make an order about dealing with the
transcript, including an order suppressing its publication.
(9) The court may make any other order it considers appropriate to
prevent disclosure of the operative’s identity or where the operative
lives.
(10) A person commits an offence if—
(a) an order has been made under subsection (7), (8) or (9); and
(b) the person is reckless about whether the order has been made;
and
(c) the person contravenes the order.
Maximum penalty: imprisonment for 2 years.
Note The fault element of recklessness can be satisfied by proof of intention,
knowledge or recklessness (see Criminal Code, s 20 (4)).
(11) Subsection (10) does not limit the court’s power to punish for
contempt.
(12) In this section:
person involved in the proceeding—see section 14 (6).
19 Authorised disclosure of operative’s identity—chief
officer notice
(1) This section applies if the chief officer of a law enforcement agency
gives a witness identity protection certificate for an operative of the
agency in a relevant proceeding.
(2) The chief officer may, by written notice, allow a person to give
information outside the proceeding that reveals, or may reveal, an
operative’s identity or where the operative lives if the chief officer
considers it necessary or appropriate for the information to be given.
Witness identity protection certificates for operatives Part 2
Protection and disclosure of operative’s identity or where operative lives Division 2.3
Section 20
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(3) The notice—
(a) must state—
(i) the information that may be given; and
(ii) who may give the information; and
(iii) to whom the information may be given; and
(b) may state how the information may be given.
Note The chief officer may delegate a function under this section (see s 23).
20 Offences—disclosure of operative’s identity
(1) A person commits an offence if—
(a) a witness identity protection certificate for an operative in a
relevant proceeding has been given; and
(b) the person is reckless about whether the certificate has been
given; and
(c) the certificate has not been cancelled under section 15; and
(d) the person is reckless about whether the certificate has not been
cancelled under section 15; and
(e) the person recklessly does something (the disclosure action)
that reveals, or is likely to reveal, the operative’s identity or
where the operative lives; and
(f) the disclosure action is not—
(i) authorised by leave or an order under section 18; or
(ii) allowed under section 19; and
(g) the person is reckless about whether the disclosure action is
not—
(i) authorised by leave or an order under section 18; or
Part 2 Witness identity protection certificates for operatives
Division 2.3 Protection and disclosure of operative’s identity or where operative lives
Section 20
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(ii) allowed under section 19.
Maximum penalty: imprisonment for 2 years.
Note The fault element of recklessness can be satisfied by proof of intention,
knowledge or recklessness (see Criminal Code, s 20 (4)).
(2) Absolute liability applies to subsection (1) (a), (c) and (f).
(3) A person commits an offence if the person commits an offence
against subsection (1) in circumstances in which the person is
reckless—
(a) as to whether the disclosure action endangers, or will endanger,
the health or safety of anyone; or
(b) about whether the disclosure action prejudices, or will prejudice,
the effective conduct of an investigation.
Maximum penalty: imprisonment for 10 years.
Note The fault element of recklessness can be satisfied by proof of intention,
knowledge or recklessness (see Criminal Code, s 20 (4)).
Miscellaneous Part 3
Section 21
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Part 3 Miscellaneous
21 Annual report
(1) For each financial year, the chief officer of a law enforcement agency
must prepare a report about any witness identity protection
certificates given by the chief officer during the year.
(2) The report must include—
(a) the number of witness identity protection certificates given
during the year; and
(b) why the chief officer was satisfied under section 11 (1) for each
certificate; and
(c) if leave was given or an order made in a proceeding under
section 18—details of the proceeding; and
(d) if a witness identity protection certificate was cancelled under
section 15—why the certificate was cancelled; and
(e) if a person was allowed to give information under section 19—
why the information was allowed to be given; and
(f) any other information about witness identity protection
certificates or the operation of this Act that the Minister
considers appropriate.
(3) The report must not include information that reveals, or may reveal,
an operative’s identity or where the operative lives, unless the witness
identity protection certificate for the operative has been cancelled.
(4) The chief officer must give the report to the Minister as soon as
practicable after the end of the financial year.
(5) The Minister must present the report to the Legislative Assembly
within 15 sitting days after receiving the report from the chief officer.
Part 3 Miscellaneous
Section 22
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22 Mutual recognition of certificates under corresponding
laws
(1) The following provisions apply, with any necessary changes, to a
corresponding witness identity protection certificate as if it were a
witness identity protection certificate given under section 11:
(a) section 13 (Filing and notification of certificates);
(b) section 14 (Effect of certificates);
(c) section 16 (Directions to jury);
(d) section 17 (Orders to protect operative’s identity);
(e) section 18 (Authorised disclosure of operative’s identity—court
leave or order);
(f) section 20 (Offences—disclosure of operative’s identity).
(2) In this section:
corresponding witness identity protection certificate means a
witness identity protection certificate given under a provision of a
corresponding law that corresponds to section 11.
23 Delegation
(1) Despite any other territory law, the functions of a chief officer of a
law enforcement agency under this Act must not be delegated to
anyone else.
(2) However, a chief officer of a law enforcement agency may delegate
to a senior officer of the law enforcement agency any of the chief
officer’s functions under this Act.
(3) In this section:
senior officer means—
(a) in relation to the Australian Federal Police—a police officer of
the rank of commander (or a higher rank); or
Miscellaneous Part 3
Section 24
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(b) in relation to the Australian Crime Commission—
(i) the Director National Operations; or
(ii) a position of the Australian Crime Commission prescribed
by regulation; or
(c) in relation to the integrity commission––a position of the
integrity commission prescribed by regulation.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
24 Regulation-making power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• chief police officer
• Commonwealth
• financial year
• found guilty
• function
• in relation to
• integrity commission
• integrity commissioner
• Legislative Assembly
• Minister (see s 162)
• police officer
• position
• territory law.
assumed name, for an operative—see section 12 (1) (a) (i).
Australian Crime Commission means the Australian Crime
Commission established by the Australian Crime Commission
Act 2002 (Cwlth).
chief officer means—
(a) in relation to the Australian Federal Police—the chief police
officer; and
(b) in relation to the Australian Crime Commission—the chief
executive officer of the Australian Crime Commission; and
(c) in relation to the integrity commission––the integrity
commissioner.
Dictionary
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conduct includes an act or omission.
corresponding law means a law of another jurisdiction that
corresponds to the provisions of this Act, and includes a law of
another jurisdiction that is declared by regulation to correspond to this
Act.
corrupt conduct—see the Integrity Commission Act 2018, dictionary.
court includes a tribunal or person authorised to receive evidence by
law or consent of parties to a proceeding.
court name, for an operative in relation to a relevant proceeding,
means a code or name, other than the operative’s real name, used to
identify the operative in the proceeding.
criminal activity means conduct that involves the commission of an
offence by 1 or more people.
investigation—
(a) means an investigation in relation to criminal activity or corrupt
conduct; and
(b) includes an investigation extending beyond the ACT.
jurisdiction means the Commonwealth or a State or Territory of the
Commonwealth.
law enforcement agency means—
(a) the Australian Federal Police; or
(b) the Australian Crime Commission; or
(c) the integrity commission.
operative means a person who is, or was—
(a) authorised to acquire and use an assumed identity under the
Crimes (Assumed Identities) Act 2009; or
(b) a participant in an authorised operation under the Crimes
(Controlled Operations) Act 2008.
Dictionary
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party, to a proceeding, means—
(a) for a criminal proceeding—the prosecutor and each accused
person; or
(b) for a civil proceeding—each person who is a litigant to the
proceeding; or
(c) for any other proceeding—each person who may appear or give
evidence in the proceeding.
proceeding—
(a) means a criminal, civil or other proceeding or inquiry, reference
or examination in which evidence is or may be given by law or
consent of parties to the proceeding; and
(b) includes an arbitration.
relevant proceeding, in relation to an operative—see section 9.
witness, in relation to a relevant proceeding, includes an operative.
witness identity protection certificate—see section 11 (1).
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Crimes (Protection of Witness Identity) Act 2011 A2011-46
notified LR 7 November 2011
s 1, s 2 commenced 7 November 2011 (LA s 75 (1))
remainder commenced 8 November 2011 (s 2)
as amended by
Freedom of Information Act 2016 A2016-55 sch 4 pt 4.6 (as am by
A2017-14 s 19)
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.6 commenced 1 January 2018 (s 2 as am by A2017-14 s 19)
Justice and Community Safety Legislation Amendment Act 2017
(No 2) A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))
Note This Act only amends the Freedom of Information Act 2016
A2016-55.
Integrity Commission Act 2018 A2018-52 sch 1 pt 1.7 (as am by
A2019-18 s 4)
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.7 commenced 1 December 2019 (s 2 (2) (a) as am by
A2019-18 s 4)
Integrity Commission Amendment Act 2019 A2019-18 s 4
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 3, s 4 commenced 15 June 2019 (s 2 (1))
Note This Act only amends the Integrity Commission Act 2018
A2018-52.
Justice and Community Safety Legislation Amendment
Act 2021 (No 2) A2021-33 pt 6
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 6 commenced 17 December 2021 (s 2 (1))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Purpose of Act
s 6 am A2018-52 amdt 1.48
Relationship to other laws
s 7 am A2016-55 amdt 4.8
Delegation
s 23 am A2018-52 amdt 1.49; A2021-33 s 14
Dictionary
dict am A2018-52 amdt 1.50
def chief officer am A2018-52 amdt 1.51
def corrupt conduct ins A2018-52 amdt 1.52
def investigation am A2018-52 amdt 1.53
def law enforcement agency am A2018-52 amdt 1.54