Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15mf
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15MF
Character Range: 227928–229680

15MF  Statutory declaration by operative

 (1) Before a witness identity protection certificate is given for an operative, the operative must make a statutory declaration of the following matters:
 (a) whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence;
 (b) whether any charges against the operative for an offence are pending or outstanding and, if so, particulars of each charge;
 (c) if the operative is or was a law enforcement officer:
 (i) whether the operative has been found guilty of professional misconduct and, if so, particulars of each finding; and
 (ii) whether, to the operative's knowledge, any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation;
 (d) whether, to the operative's knowledge, a court has made any adverse comment about the operative's credibility and, if so, particulars of the comment;
 (e) whether the operative has made a false representation when the truth was required and, if so, particulars of the representation;
 (f) if there is anything else known to the operative that may be relevant to the operative's credibility—particulars of the thing.

 (2) Subject to subsection (3), a person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceeding.

 (3) Subsection (2) does not apply to:
 (a) proceedings for perjury or otherwise in respect of the falsity of the statutory declaration; or
 (b) proceedings of a disciplinary nature against a law enforcement officer; or
 (c) investigations or inquiries by a person or body in any jurisdiction having jurisdiction to investigate or inquire into the conduct of a law enforcement officer.