Victorian Current Acts Victorian Current Acts(1) This section applies if an interstate witness protection certificate for an interstate operative in relation to a proceeding is filed in a court.
(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 interstate operative, that may lead to the disclosure of the interstate operative's identity or where the interstate operative lives; or
(ii) for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the interstate operative's identity or where the interstate operative lives; or
(b) for an order requiring a witness, including the interstate operative, to answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the interstate operative's identity or where the interstate operative lives.
(3) The court may—
(a) give leave for the party or lawyer to do anything mentioned in subsection (2)(a);
(b) make an order requiring a witness to do anything mentioned in subsection (2)(b).
(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 interstate operative's credibility; and
(b) it would be impractical to test properly the credibility of the interstate operative without allowing the risk of disclosure of, or disclosing, the interstate operative's identity or where the interstate operative lives; and
(c) it is in the interests of justice for the interstate operative'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—
(a) the application is made; and
(b) if leave is given or an order is made in response to the application—the question is asked (and answered), the evidence is given, the information is provided or the statement is made.
S. 42BQ inserted by No. 60/2004 s. 3.