Identity of certain participants not to be disclosed in legal proceedings
134 Identity of certain participants not to be disclosed in legal proceedings
In this section —
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
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 —
ensure that such parts of the proceedings as relate to the real identity of the participant are held in private; and
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.
In particular, the court —
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
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.
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.]
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