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In forceAmended2020 Revised Edition

Part 20 · Offences and Penalties

104A. Protection of informers

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Amended

Last amended by an amending law of 2021.

(1)

Except as provided in subsection (3), no witness in any civil or criminal proceedings commenced on or after 16 November 2021 is obliged or permitted —

(a)

to disclose the identity of an informer who has given any information (whether the information is given before, on or after that date) with respect to an offence under this Act; or

(b)

to answer any question if the answer to the question would lead, or would tend to lead, to the discovery of the identity of the informer.

(2)

If any document which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which may lead to the discovery of the informer’s identity, the court must cause the entry to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

(3)

If —

(a)

in any proceedings for an offence under any written law, the court, after full enquiry into the case, believes that the informer wilfully made a material statement which the informer knew or believed to be false or did not believe to be true; or

(b)

in any other proceedings, the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the discovery of the informer,the court may permit enquiry and require full disclosure concerning the informer.

(4)

In this section, a reference to civil proceedings includes any proceedings before the Board of Review.

Report

Part 20A

Exchange of Information Under Avoidance of Double Taxation Arrangements and Exchange of Information Arrangements

Part 20B

International Agreements to Improve Tax Compliance

Part 21

Miscellaneous

Schedules