Section 15MJ — Crimes Act 1914: Effect of witness identity protection certificate
Text of the provision Official document
(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.
Official source: Federal Register of Legislation
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