Witness Protection Act 1996

In this Act, unless the contrary intention appears—

approved authority means—

the Commissioner of the Australian Federal Police; or

a Commissioner (however designated) of the police force of another

State or a Territory;

the Chief Executive Officer of the Australian Crime Commission;

or

an authority or body of this State, the Commonwealth, another State or a Territory that—

is authorised to conduct inquiries or investigations in relation to conduct that constitutes, or is alleged to constitute, criminal conduct, misconduct or corruption; and

is declared by the Minister by notice in the Gazette to be an approved authority for the purposes of this Act;

Commissioner means the person for the time being holding, or acting in, the office of Commissioner of Police under the

Police Act 1952;

Commonwealth Act means the Witness Protection Act 1994 of the

Commonwealth;

complementary witness protection law means—

the Commonwealth Act; or

a law of another State or a Territory that—

makes provision for the protection of witnesses; and

is declared by the Minister by notice in the Gazette to be a complementary witness protection law;

Deputy Commissioner means the person for the time being holding, or acting in, the office of Deputy Commissioner of Police under the Police Act 1952;

designated position means a position of a member, the duties of which relate to the Program and that has been declared in writing by the Commissioner to be a designated position for the purposes of this Act;

Independent Commission Against Corruption means the Independent Commission Against Corruption established under the

Independent Commission Against Corruption

Act 2012;

member means a member of the police force of this State;

participant means a person who is included in the Program;

prescribed authority means—

the Principal Registrar of Births, Deaths and Marriages;

or

the Registrar of Motor Vehicles; or

any person or body declared by regulation to be a prescribed authority for the purposes of this Act;

prescribed register means—

the register of births kept under the Births, Deaths and Marriages Registration Act 1966; or

the register of motor vehicles kept under the Motor

Vehicles Act 1959; or

the register of licences kept under the Motor

Vehicles Act 1959; or

any other register or record of information declared by regulation to be a prescribed register for the purposes of this Act;

Program means the State Witness Protection

Program established by this Act;

witness means—

a person who has given, or who has agreed to give, evidence on behalf of the Crown in right of this State, the Commonwealth, another State or a Territory in—

proceedings for an offence; or

hearings or proceedings before an authority that is declared by the

Minister by notice in the Gazette to be an authority to which this paragraph applies; or

a person who has given, or who has agreed to give, evidence otherwise than as mentioned in paragraph (a) in relation to the commission or possible commission of an offence against a law of this State, the

Commonwealth, another State or a Territory; or

a person who has made a statement to the Commissioner, another member or an approved authority in relation to an offence against a law of this

State, the Commonwealth, another State or a Territory; or

a person who, for any other reason, may require protection or other assistance under the Program; or

a person who, because of his or her relationship to, or association with, such a person may require protection or other assistance under the

Program;

witness protection program means—

the Program; or

a witness protection program operated under a complementary witness protection law.

In this Act, a reference to a Commonwealth Act includes a reference to—

that Commonwealth Act as amended and in force for the time being;

and

an Act enacted in substitution for that Act.

The Minister may, by notice in the Gazette—

declare an authority or body to be an approved authority for the purposes of this Act; or

declare a law of another State or a Territory to be a complementary witness protection law; or

declare an authority to be an authority to which paragraph (a)(ii) of the definition of

witness in subsection (1) applies; or

vary or revoke any such declaration.