91Disclosure of protected person's identity despite certificate

91 Disclosure of protected person's identity despite certificate (1) This section applies if a non-disclosure certificate for a protected person in relation to a proceeding is filed in a court in the Territory. (2) A party to the proceeding, or a lawyer assisting the court in the proceeding, may apply to the court: (a) for leave: (i) to ask a question of a witness, including the protected person, that may lead to the disclosure of the protected person's protected identity or where the protected person lives; or

Police (Special Investigative and Other Powers) Act 2015 62 (ii) for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the protected person's protected identity or where the protected person lives; or (b) for an order requiring a witness, including the protected person, to answer a question, give evidence or provide person lives. (3) The court may: (a) if an application is made under subsection (2)(a) – give leave for the party or lawyer to do anything mentioned in that subsection; or (b) if an application is made under subsection (2)(b) – make an order requiring a witness to do anything mentioned in that subsection. (4) However, the court must not give leave or make an order unless satisfied about each of the following: (a) there is evidence that, if accepted, would substantially call into question the protected person's credibility; (b) it would be impractical to test properly the credibility of the protected person without allowing the risk of disclosure of, or disclosing, the protected person's protected identity or where the protected person lives; (c) it is in the interests of justice for the protected person's credibility to be able to be tested. (5) If there is a jury in the proceeding, the application must be heard in the absence of the jury. (6) Unless the court considers that the interests of justice require otherwise, the court must be closed when:

Police (Special Investigative and Other Powers) Act 2015 63 (7) The court must make an order suppressing the publication of anything said when: (8) Subsection (7) does not prevent the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication. (9) The court may make any other order it considers appropriate to protect the protected person's protected identity or to prevent the disclosure of where the protected person lives. (10) A person commits an offence if: subsection (7), (8) or (9). (11) Subsection (10) does not limit the court's power to punish for