Witness (Identity Protection) Act 2006 (Tas)

Witness (Identity Protection) Act 2006

An Act to facilitate, for law enforcement purposes, investigations in relation to criminal activity, including investigations extending beyond this jurisdiction, by providing for the protection of the identity of operatives and facilitating mutual recognition of witness identity protection certificates under corresponding laws [Royal Assent 18 December 2006]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Witness (Identity Protection) Act 2006 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – assumed name, of an operative, see section 7(1)(a)(i) ; Australian Crime Commission means the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; chief officer means the person for the time being holding office as – (a) in relation to the Police Service, the Commissioner of Police; or (b) in relation to the Australian Crime Commission, the Chief Executive Officer of the Australian Crime Commission; conduct includes any act or omission; corresponding law means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by the regulations to correspond to this Act; corresponding non-disclosure certificate means a certificate given under a provision of a corresponding law that corresponds to section 18(2) ; corresponding witness identity protection certificate means a certificate given under a provision of a corresponding law that corresponds to section 6 ; court includes any tribunal or person authorised by law or consent of parties to receive evidence; court name, for an operative in relation to a proceeding, means a name (other than the operative's real name) or code used to identify the operative in the proceeding; criminal activity means conduct that involves the commission of an offence by one or more persons; investigation means an investigation in relation to criminal activity, including an investigation extending beyond this jurisdiction; jurisdiction means the Commonwealth or a State or Territory of the Commonwealth; law enforcement agency means – (a) the Police Service; or (b) the Australian Crime Commission; lawyer means an Australian legal practitioner; non-disclosure certificate means a certificate given under section 18(2) ; operative means a person who is or was – (a) authorised to acquire and use an assumed identity under the Police Powers (Assumed Identities) Act 2006 ; or (b) a participant in a controlled operation under the Police Powers (Controlled Operations) Act 2006 ; 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 party to the proceeding; or (c) for any other proceeding, each person who may appear or give evidence in the proceeding; proceeding means any criminal, civil or other proceeding or inquiry, reference or examination in which by law or consent of parties evidence is or may be given, and includes an arbitration; this jurisdiction means Tasmania; witness identity protection certificate means a certificate given under section 6 . (2) For the purposes of this Act – (a) anything permitted to be done by a party to a proceeding may be done by the party's lawyer; and (b) any requirement to give something to a party to a proceeding is satisfied by giving the thing to, or notifying, the party's lawyer.