Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 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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