sec.21IEffect of witness identity protection certificate

### sec.21I Effect of witness identity protection certificate This section applies if— a witness identity protection certificate for an operative in relation to a proceeding is filed under section 21H (1) (a) ; and either— a copy of the certificate is given to each party under section 21H (2) and to each person, if any, stated in an order under section 21H (3) for the certificate; or the relevant court for the proceeding gives leave for this section to apply despite noncompliance with section 21H (2) or (3) . If this section applies— the operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and subject to section 21K — 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 a witness, including the operative, can not 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 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. For this section, a person involved in a proceeding includes the following— the relevant court; a party to the proceeding; a person given leave to be heard or make submissions in the proceeding; a lawyer representing a person mentioned 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. s 21I ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 (sec.21I-ssec.1) This section applies if— a witness identity protection certificate for an operative in relation to a proceeding is filed under section 21H (1) (a) ; and either— a copy of the certificate is given to each party under section 21H (2) and to each person, if any, stated in an order under section 21H (3) for the certificate; or the relevant court for the proceeding gives leave for this section to apply despite noncompliance with section 21H (2) or (3) . (sec.21I-ssec.2) If this section applies— the operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and subject to section 21K — 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 a witness, including the operative, can not 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 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. (sec.21I-ssec.3) For this section, a person involved in a proceeding includes the following— the relevant court; a party to the proceeding; a person given leave to be heard or make submissions in the proceeding; a lawyer representing a person mentioned 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. - (a) a witness identity protection certificate for an operative in relation to a proceeding is filed under section 21H (1) (a) ; and - (b) either— (i) a copy of the certificate is given to each party under section 21H (2) and to each person, if any, stated in an order under section 21H (3) for the certificate; or (ii) the relevant court for the proceeding gives leave for this section to apply despite noncompliance with section 21H (2) or (3) . - (i) a copy of the certificate is given to each party under section 21H (2) and to each person, if any, stated in an order under section 21H (3) for the certificate; or - (ii) the relevant court for the proceeding gives leave for this section to apply despite noncompliance with section 21H (2) or (3) . - (i) a copy of the certificate is given to each party under section 21H (2) and to each person, if any, stated in an order under section 21H (3) for the certificate; or - (ii) the relevant court for the proceeding gives leave for this section to apply despite noncompliance with section 21H (2) or (3) . - (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 21K — (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, can not 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. - (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, can not 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. - (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, can not 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. - (a) the relevant court; - (b) a party to the proceeding; - (c) a person given leave to be heard or make submissions in the proceeding; - (d) a lawyer representing a person mentioned in paragraph (b) or (c) or a lawyer assisting the court in the proceeding; - (e) any other officer of the court or person assisting the court in the proceeding; - (f) a person acting in the execution of any process or the enforcement of any order in the proceeding.