Western Australian Current Acts Western Australian Current Acts (1) This section
applies if a witness identity protection certificate for an operative is given
in accordance with section 95 in relation to a parliamentary proceeding.
(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 any resolution passed under section 97(4) —
(i)
a question must not be asked of a witness, including the
operative, that may lead to the disclosure of the operative’s true
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 true
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 true identity or where the operative lives.
(3) For the purposes
of subsection (2)(b)(iii), a person involved in a proceeding includes —
(a) a
member of the parliamentary committee; 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 parliamentary committee in the proceeding; and
(e) any
other person assisting the parliamentary committee in the proceeding; and
(f) a
person acting in the execution of any process or the enforcement of any order
in the proceeding.
(4) If this section
applies, any evidence given by the operative in the proceeding must be given
in private.