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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