Western Australian Current Acts Western Australian Current Acts (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 a participant in an authorised operation is in
issue or 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 participant 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 participant is not disclosed.
(3) In particular, the
court —
(a) may
allow a participant in an authorised operation who has been authorised to
participate in the operation under an assumed name 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 134 inserted: No. 78 of 2003 s. 17.]
[Heading inserted: No. 78 of 2003 s. 17.]