New South Wales Consolidated Acts

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LAW ENFORCEMENT AND NATIONAL SECURITY (ASSUMED IDENTITIES) ACT 1998 - SECT 14

Identity of certain officers not to be disclosed in legal proceedings

14 Identity of certain officers not to be disclosed in legal proceedings

(1) If, in proceedings before a court, a tribunal or a Royal Commission or other commission of inquiry, the identity of an officer in respect of whom an assumed identity approval is or was in force is in issue or may be disclosed, the court, tribunal, Royal Commission or other commission must, unless it considers that the interests of justice otherwise require:
(a) ensure that such parts of the proceedings as relate to the identity of the officer 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 officer is not disclosed.
(2) In particular, the court, tribunal, Royal Commission or other commission of inquiry:
(a) may allow an officer in respect of whom an assumed identity approval is or was in force to appear before it under the assumed name or under a code name or code number, and
(b) may make orders prohibiting the publication of any information (including information derived from evidence given before it) that identifies, or might facilitate the identification of, any person who has been or is proposed to be called to give evidence.
(3) A person must not contravene an order in force under this section.
Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.



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