Victorian Current Acts Victorian Current Acts(1) This section applies if—
(a) an interstate witness identity protection certificate for an interstate operative is filed in accordance with section 42BL(1); and
(b) either—
(i) a copy of the certificate is given to each party in accordance with section 42BL(2) and to each person in accordance with an order under section 42BL(3) (if any); or
(ii) the court gives leave for this section to apply despite non-compliance with section 42BL(2) or (3).
(2) If this section applies—
(a) the interstate operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and
(b) subject to sections 42BO and 42BP—
(i) a question must not be asked of a witness, including the interstate operative, that may lead to the disclosure of the interstate operative's identity or where the interstate operative lives; and
(ii) a witness, including the interstate 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 interstate operative's identity or where the interstate 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 interstate operative's identity or where the interstate operative lives.
(3) For the purposes of this section, a person involved in a proceeding includes—
(a) the court;
(b) a party to the proceeding;
(c) a person given leave to be heard or make submissions in the proceeding;
(d) a legal practitioner representing a person referred to in paragraph (b) or (c) or a lawyer assisting the court in the proceeding;
(e) any other officer of the court or person assisting the court in the proceeding;
(f) a person acting in the execution of any process or the enforcement of any order in the proceeding.
S. 42BN inserted by No. 60/2004 s. 3.