New South Wales Consolidated Acts

LAW ENFORCEMENT (CONTROLLED OPERATIONS) ACT 1997 - SECT 28

28 Identity of certain participants 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 a participant in an authorised operation is in issue or may be disclosed, the court, tribunal or 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 participant 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 participant is not disclosed.

(2) In particular, the court, tribunal, Royal Commission or other commission of inquiry:

(a) may allow any participant in an authorised operation who has been authorised to participate in the operation under an assumed name to appear before it under that name, 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 make a publication in contravention of an order in force under this section.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.