NSWIn ForceAct
Law Enforcement and National Security (Assumed Identities) Act 2010
34Identity of certain persons not to be disclosed in legal proceedings
Start here
Get a plain-English read of 34
Turn the raw legal text into a practical explanation grounded in Law Enforcement and National Security (Assumed Identities) Act 2010.
#### 34 Identity of certain persons not to be disclosed in legal proceedings
34 Identity of certain persons 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 person in respect of whom an authority 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 person 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 person is not disclosed.
>
> > (2) In particular, the court, tribunal, Royal Commission or other commission of inquiry—
> >
> > > (a) may allow a person in respect of whom an authority 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.