Criminal Investigation (Covert Powers) Act 2012 (WA)

Western Australia Criminal Investigation (Covert Powers) Act 2012 Western Australia Criminal Investigation (Covert Powers) Act 2012 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Crown bound 1 Part 2 — Controlled operations Division 1 — General 5. Terms used 1 6. Cross‑border controlled operations 1 7. Local controlled operation 1 8. Evidence obtained in controlled operations 1 9. Non‑application of certain Acts 1 Division 2 — Authorisation of controlled operations 10. Applications for authorities to conduct controlled operations 1 11. Determination of applications 1 12. Matters to be taken into account — all controlled operations 1 13. Further matters to be taken into account — cross‑border controlled operations 1 14. Further matters to be taken into account — local controlled operations 1 15. Form of authority 1 16. Duration of authorities 1 17. Variation of authority 1 18. Variations on authorising officer's own initiative 1 19. Applications for variation of authority 1 20. Determining applications for variation of authority 1 21. Form of variation of authority 1 22. Cancellation of authorities 1 23. Effect of authorities 1 24. Defect in authority 1 25. Retrospective authority 1 26. Corruption and Crime Commission to be notified of retrospective authorities 1 Division 3 — Conduct of controlled operations Subdivision 1 — Controlled conduct engaged in for purposes of controlled operations authorised by Division 2 27. Protection from criminal responsibility for controlled conduct during authorised operations 1 28. Indemnification of participants against civil liability 1 29. Effect of sections 27 and 28 on other laws relating to criminal investigation 1 30. Effect of being unaware of variation or cancellation of authority 1 31. Protection from criminal responsibility for certain ancillary conduct 1 Subdivision 2 — Compensation and notification of third parties 32. Compensation for property loss or damage 1 33. Notification requirements 1 Subdivision 3 — Mutual recognition 34. Mutual recognition of corresponding authorities 1 Division 4 — Compliance and monitoring Subdivision 1 — Restrictions on use, communication and publication of information 35. Disclosure of operational information 1 Subdivision 2 — Reporting and record‑keeping 36. Principal law enforcement officers' reports 1 37. Chief officers' reports 1 38. Annual report by Corruption and Crime Commission 1 39. Keeping documents connected with authorised operations 1 40. General register 1 Subdivision 3 — Inspections 41. Inspection of records by Corruption and Crime Commission 1 Division 5 — Miscellaneous 42. Evidence of authorities 1 43. Delegation 1 Part 3 — Assumed identities Division 1 — General 44. Terms used 1 45. Non‑application of certain Acts 1 46. Relationship to other laws relating to assumed identities 1 Division 2 — Authority for assumed identity 47. Application for authority to acquire or use assumed identity 1 48. Determination of application 1 49. Form of authority 1 50. Duration of authority 1 51. Variation of authority 1 52. Cancellation of authority 1 53. Yearly review of formal authority 1 Division 3 — Evidence of assumed identity 54. Making records of births, deaths or marriages 1 55. Cancellation of authority affecting records of births, deaths or marriages 1 56. Cancelling entries in Register 1 57. Restriction about access to application for entry in Register 1 58. Request for evidence of assumed identity 1 59. Government issuing agencies to comply with request 1 60. Non‑government issuing agencies may comply with request 1 61. Cancellation of evidence of assumed identity 1 62. Protection from criminal liability — officers of issuing agencies 1 63. Indemnity for issuing agencies and officers 1 Division 4 — Effect of authority 64. Assumed identity may be acquired and used 1 65. Protection from criminal liability — authorised persons 1 66. Indemnity for authorised persons 1 67. Particular qualifications 1 68. Effect of being unaware of variation or cancellation of authority 1 Division 5 — Mutual recognition under corresponding laws 69. Requests to participating jurisdiction for evidence of assumed identity 1 70. Requests from participating jurisdiction for evidence of assumed identity 1 71. Directions from participating jurisdiction to cancel evidence of assumed identity 1 72. Indemnity for issuing agencies and officers 1 73. Application of Division to authorities under corresponding laws 1 Division 6 — Compliance and monitoring Subdivision 1 — Misuse of assumed identity and information 74. Misuse of assumed identity 1 75. Disclosing information about assumed identity 1 Subdivision 2 — Reporting and record‑keeping 76. Reports about authorities for assumed identities 1 77. Record‑keeping 1 78. Audit of records 1 Division 7 — Miscellaneous 79. Delegation 1 Part 4 — Witness identity protection Division 1 — General 80. Terms used 1 81. Things done by, or given to, party's lawyer 1 Division 2 — Witness identity protection certificates for operatives 82. Witness identity protection certificate — giving 1 83. Form of witness identity protection certificate 1 Division 3 — Provisions applicable to court proceeding 84. Application of Division 1 85. Filing and notification 1 86. Leave for non‑compliance 1 87. Effect of witness identity protection certificate 1 88. Orders to protect operative's true identity or location 1 89. Disclosure of operative's true identity to presiding officer 1 90. Disclosure of operative's true identity or location despite certificate 1 91. Application for leave — joinder as respondent 1 92. Directions to jury 1 93. Adjournment for appeal decision 1 Division 4 — Provisions applicable to parliamentary proceeding 94. Application of Division 1 95. Witness identity protection certificate to be given to Parliament 1 96. Effect of witness identity protection certificate 1 97. Disclosure of operative's true identity or location despite certificate 1 98. Restrictions on content of reports to Parliament 1 Division 5 — Other matters 99. Witness identity protection certificate — cancellation 1 100. Permission to give information disclosing operative's true identity or location 1 101. Disclosure offences 1 102. Evidentiary certificates 1 103. Reports about witness identity protection certificates 1 Division 6 — Mutual recognition under corresponding laws 104. Recognition of witness identity protection certificates under corresponding laws 1 Division 7 — Miscellaneous 105. Delegation 1 Part 5 — Miscellaneous 106. Regulations 1 107. Review of Parts 2 and 3 1 Part 6 — Savings provisions 108. Term used: commencement day 1 109. Savings provision relating to Misuse of Drugs Act 1981 1 110. Savings provision relating to Prostitution Act 2000 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Criminal Investigation (Covert Powers) Act 2012 An Act to facilitate criminal investigations and intelligence‑gathering in relation to criminal activity by providing for — • the authorisation, conduct and monitoring of covert law enforcement operations; and • the acquisition and use of assumed identities by participants in covert law enforcement operations; and • the protection of the identity of participants in covert law enforcement operations, and to amend the Corruption and Crime Commission Act 2003 1, the Misuse of Drugs Act 1981 1, the Prostitution Act 2000 1 and the Witness Protection (Western Australia) Act 1996 1, and for related purposes.