Skip to content

Section 40

of State Sales Tax Enactment 1998

State EnactmentIn forceProvision 46 of 73

Section 40

(1)

Except as hereinafter provided, no witness in any civil or criminal proceedings under this

Enactment shall be obliged or permitted to disclose the name or address of an informer, or the substance of the information received from him, or state any matter which might lead to his discovery.

(2)

Subject to subsection (3), if any books, documents or papers which are produced in evidence or liable to inspection in any civil or criminal proceeding under this Enactment, contain any entry in which any informer is named or described or which might lead to his

32

discovery, the court shall cause all such passages to be concealed from view or to be obliterated, but only to the extent necessary to protect the informer from discovery.

(3)

If on trial for any offence under this Enactment, the court, after full enquiry into the case, believes that the informer wilfully made in his complaint a material statement which he knew to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot fully be done between the parties thereto without the discovery of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit enquiry and require full disclosure concerning the informer.

Compounding of offences.