Evidence (Miscellaneous Provisions) Act 1958

This section applies if—

an interstate witness identity protection certificate for an interstate operative is filed in accordance with section 42BL(1); and

either—

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

the court gives leave for this section to apply despite non-compliance with section 42BL(2) or (3).

If this section applies—

the interstate operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and

subject to sections 42BO and 42BP—

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

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

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.

For the purposes of this section, a person involved in a proceeding includes—

the court;

a party to the proceeding;

a person given leave to be heard or make submissions in the proceeding;

a legal practitioner representing a person referred to in paragraph (b) or (c) or a lawyer assisting the court in the proceeding;

any other officer of the court or person assisting the court in the proceeding;

a person acting in the execution of any process or the enforcement of any order in the proceeding.