NSWIn ForceAct
Witness Protection Act 1995
31BRequirement if person given new identity becomes involved in relevant proceeding
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#### 31B Requirement if person given new identity becomes involved in relevant proceeding
31B Requirement if person given new identity becomes involved in relevant proceeding
> > (1) This section applies if a protected person becomes involved in a relevant proceeding before a court, whether under the person’s new identity or previous identity, where the person’s identity is in issue.
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> > (1A) The protected person must notify the Commissioner of Police of the person’s involvement in the proceeding as soon as practicable after becoming involved.
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> > Maximum penalty—50 penalty units.
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> > (2) The Commissioner of Police must give the court concerned a certificate (a non-disclosure certificate) relating to the protected person in accordance with any requirements prescribed by the regulations.
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> > (2A) Subject to the regulations, a non-disclosure certificate may be given to the court—
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> > > (a) before the relevant proceeding commences, and
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> > > (b) in the absence of a party to the proceeding.
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> > (3) If the court considers it appropriate in the relevant proceeding, the court may disclose to each party to the proceeding—
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> > > (a) that the court has been given a non-disclosure certificate relating to a person involved in the proceeding, and
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> > > (b) what the certificate states.
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> > (4) The court may only disclose what the non-disclosure certificate states in the absence of any jury empanelled for the proceeding and the public. When disclosing the certificate’s existence, the court must inform the parties of the effect of the certificate.
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> **s 31B:** Ins 2002 No 54, Sch 1 \[33\]. Am 2024 No 89, Sch 1\[40\]–\[44\].