Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 114

114 .         Identity of certain officers not to be disclosed in legal proceedings

        (1)         In this section —

        court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

        (2)         If, in proceedings before a court, the identity of an officer of the Commission in respect of whom an assumed identity approval is or was in force may be disclosed, the court must, unless it considers that the interests of justice otherwise require —

            (a)         ensure that such parts of the proceedings as relate to the real identity of the officer are held in private; and

            (b)         make such orders as to the suppression of evidence given before it as, in its opinion, will ensure that the identity of the officer is not disclosed.

        (3)         In particular, the court —

            (a)         may allow an officer in respect of whom an assumed identity approval was or is in force to appear before it under the assumed identity or under a code name or code number; and

            (b)         may make orders prohibiting the publication of any information (including information derived from evidence before it) that identifies, or might facilitate the identification of, any person who has been or is proposed to be called to give evidence.

        (4)         A person who discloses information in contravention of an order in force under this section is guilty of a crime.

        Penalty: Imprisonment for 5 years and a fine of $100 000.

        [Section 114 inserted: No. 78 of 2003 s. 17.]