Section 6Part 2 — Anonymity in Investigations
Investigation anonymity order
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A magistrate may grant an order, in relation to a specified person, prohibiting the disclosure of information —
that identifies the specified person as a person who is or was able or willing to assist a specified qualifying criminal investigation; or
that might enable the specified person to be identified as such a person.
The prohibition in an investigation anonymity order is subject to subsections (3) to (8).
A person shall not contravene an investigation anonymity order by the disclosure of such information as regards the specified person as is described in subsection (1), if the person disclosing the information does not know and has no reason to suspect that such an order has been made in relation to the specified person in connection with the specified qualifying criminal investigation.
A person shall not contravene an investigation anonymity order by the disclosure of such information as regards the specified person as is described in subsection (1)(b), if the person disclosing the information does not know and has no reason to suspect that the information disclosed is information that might enable the specified person to be identified as a person of the sort described in subsection (1)(a) in relation to the specified qualifying criminal investigation.
Where, a person knows that another person is aware that the person specified in an investigation anonymity order is a person who is or was able or willing to assist a criminal investigation relating to the qualifying offence, and that person discloses to that other person that an investigation anonymity order has been made in relation to the specified person in connection with the criminal investigation of a qualifying offence, he shall not contravene the order.
A person, who discloses information to which an investigation anonymity order relates, shall not contravene the order if —
the disclosure is made to a person who is involved in the specified qualifying criminal investigation or in the prosecution of an offence to which the investigation relates; and
the disclosure is made for the purposes of the investigation or the prosecution of an offence to which the investigation relates.
A person shall not contravene an investigation anonymity order by a —
disclosure in pursuance of a requirement imposed by any law; or
disclosure made in pursuance of an order of a court.
A person who discloses such information as regards another person as is described in subsection (1) may not rely on subsection (7) in a case where —
it might have been determined that the person was required or permitted to withhold the information, whether on grounds of public interest immunity or on other grounds; and
the person disclosed the information without there having been a determination as to whether the person was required or permitted to withhold the information,
and the disclosure for the purposes of seeking such a determination is not a contravention of an investigation anonymity order.
In this section "specified" means specified in the investigation anonymity order concerned.