(2) The court must (unless it considers it S. 42BR(2) inappropriate) direct the jury not to give the amended by No. 68/2009 interstate operative's evidence any more or less s. 97(Sch. weight, or draw any adverse inferences against the item 54.18). accused or another party to the proceeding, because— (a) there is an interstate witness identity protection certificate for the interstate operative; or (b) the court has made an order under section 42BN or section 42BQ. S. 42BS 42BS Disclosure offences inserted by No. 60/2004 (1) A person commits an offence if— s. 3. (a) an interstate witness identity protection certificate for an interstate operative has been given; and (b) the person knows that, or is reckless as to whether, the certificate has been given; and (c) the person intentionally, knowingly or recklessly does something (the disclosure that discloses, or is likely to lead to action) the disclosure of, the interstate operative's identity or where the interstate operative lives; and (d) the person knows that, or is reckless as to whether, the certificate had not been cancelled under a corresponding law before the person does the disclosure action; and (e) the person knows that, or is reckless as to whether, the disclosure action is not— (i) authorised by leave or an order under section 42BP; or (ii) authorised or permitted under a corresponding law.
S. 42BR(2) amended by No. 68/2009 s. 97(Sch. item 54.18). (2) The court must (unless it considers it inappropriate) direct the jury not to give the interstate operative's evidence any more or less weight, or draw any adverse inferences against the accused or another party to the proceeding, because— (a) there is an interstate witness identity protection certificate for the interstate operative; or (b) the court has made an order under section 42BN or section 42BQ. S. 42BS inserted by No. 60/2004 s. 3. 42BS Disclosure offences (1) A person commits an offence if— (a) an interstate witness identity protection certificate for an interstate operative has been given; and (b) the person knows that, 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 interstate operative's identity or where the interstate operative lives; and (d) the person knows that, or is reckless as to whether, the certificate had not been cancelled under a corresponding law before the person does the disclosure action; and (e) the person knows that, or is reckless as to whether, the disclosure action is not— (i) authorised by leave or an order under section 42BP; or (ii) authorised or permitted under a corresponding law.
58-6246a185.docx