CRIMES ACT 1914

Part IACA - Witness identity protection for operatives  

Division 2 - Witness Identity Protection Certificates for Operatives  

SECTION 15MJ   Effect of witness identity protection certificate  

(1)  
This section applies if a witness identity protection certificate for an operative in relation to a proceeding is filed in a court.

(2)  
If this section applies:


(a) the operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and


(b) subject to section 15MM :


(i) a question must not be asked of a witness, including the operative, that may lead to the disclosure of the operative's identity or where the operative lives; and

(ii) a witness, including the operative, cannot be required to (and must not) answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives; and

(iii) a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the operative's identity or where the operative lives.

(3)  
For the purposes of this section, a person involved in a proceeding includes:


(a) the court; and


(b) a party to the proceeding; and


(c) a person given leave to be heard or make submissions in the proceeding; and


(d) a lawyer representing a person referred to in paragraph (b) or (c) or a lawyer assisting the court in the proceeding; and


(e) any other officer of the court or person assisting the court in the proceeding; and


(f) a person acting in the execution of any process or the enforcement of any order in the proceeding.


 

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