Australian Capital Territory Consolidated Acts

WITNESS PROTECTION ACT 1996 - NOTES

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     chief police officer

              •     civil partnership

              •     Commonwealth

              •     Minister (see s 162)

              •     ombudsman

              •     proceeding

              •     registrar-general.

"approved authority" means—

        (a)     the commissioner of police; or

        (b)     a commissioner (however designated) of the police force or service of a State or another Territory; or

        (c)     the chief executive officer of the Australian Crime Commission; or

        (d)     an authority or body of the Commonwealth, a State or another Territory that—

              (i)     is authorised to conduct inquiries or investigations in relation to conduct that is, or is alleged to be, criminal conduct, misconduct or corruption; and

              (ii)     is declared under section 3A (Declaration of approved authority) to be an approved authority for this Act.

"Commonwealth Act" means the Witness Protection Act 1994 (Cwlth).

"complementary witness protection law" means a law of the Commonwealth, a State or another Territory that—

        (a)     makes provision for the protection of witnesses; and

        (b)     is declared under section 3B (Declaration of complementary witness protection law) to be a complementary witness protection law.

"designated position" means a position of a police officer that has been declared in writing by the chief police officer to be a designated position for this Act.

"participant" means a witness who is included in a witness protection program.

"register"—see the Births, Deaths and Marriages Registration Act 1997, dictionary.

"witness" means—

        (a)     a person who has given, or agreed to give, evidence on behalf of the prosecution in—

              (i)     a proceeding for an offence; or

              (ii)     hearings or proceedings before an authority to which this paragraph applies because of a declaration under section 3C; or

        (b)     a person who has given, or 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 the Territory, the Commonwealth, a State or another Territory; or

        (c)     a person who has made a statement to the chief police officer, another police officer or an approved authority in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory; or

        (d)     a person who, for any other reason, may require protection or other assistance under this Act; or

        (e)     a person who, because of his or her relationship to, or association with, a person mentioned in paragraph (a) to (d) may require protection or other assistance under the witness protection program.

"witness protection order" means an order of the Supreme Court under part 3 (Protecting witnesses from identification).

"witness protection program" means the national witness protection program established under the Commonwealth Act.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

Witness Protection Act 1996 No 65

notified 3 December 1996 (Gaz 1996 No S321)

s 1, s 2 commenced 3 December 1996 (s 2 (1))

remainder commenced 3 June 1997 (s 2 (3))

as amended by

Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 1 December 1997 (s 2 (1))

sch 1 commenced 1 June 1998 (s 2 (2))

Births, Deaths and Marriages Registration (Consequential Provisions) Act 1997 No 113 sch

notified 24 December 1997 (Gaz 1997 No S420)

s 1, s 2 commenced 24 December 1997 (s 2 (1))

sch commenced 24 June 1998 (s 2 (2))

Legislation (Consequential Amendments) Act 2001 No 44 pt 417

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 417 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.5

notified LR 17 December 2003

s 1, s 2 commenced 17 December 2003 (LA s 75 (1))

sch 1 pt 1.5 commenced 17 June 2004 (s 2 and LA s 79)

Civil Unions Act 2006 A2006-22 sch 1 pt 1.30

notified LR 19 May 2006

s 1, s 2 commenced 19 May 2006 (LA s 75 (1))

sch 1 pt 1.30 never commenced

Note     Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)

Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.26

notified LR 26 October 2006

s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))

sch 3 pt 3.26 commenced 16 November 2006 (s 2 (1))

Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.26

notified LR 15 May 2008

s 1, s 2 commenced 15 May 2008 (LA s 75 (1))

sch 1 pt 1.26 commenced 19 May 2008 (s 2 and CN2008-8)

Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.61

notified LR 12 August 2008

s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

sch 3 pt 3.61 commenced 26 August 2008 (s 2)

Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.14

notified LR 9 September 2008

s 1, s 2 commenced 9 September 2008 (LA s 75 (1))

sch 1 pt 1.14 commenced 30 May 2009 (s 2 and CN2009-4)4

4     Amendment history

Dictionary
s 2     om 2001 No 44 amdt 1.4339
    ins A2006-42 amdt 3.218

Notes
s 3     sub A2006-42 amdt 3.218
    def approved authority am 2001 No 44 amdt 1.4340;
A2003-58 amdt 1.6
    om A2006-42 amdt 3.218
    def complimentary witness protection law am 2001 No 44 amdt 1.4341
    om A2006-42 amdt 3.218
    def register ins 1997 No 113 sch
    om A2006-42 amdt 3.218
    def Register of Births om 1997 No 113 sch
    om A2006-42 amdt 3.218
    def Register of Marriages om 1997 No 113 sch
    om A2006-42 amdt 3.218
    def Registrar om 1997 No 113 sch
    om A2006-42 amdt 3.218
    def witness am 2001 No 44 amdt 1.4342
    om A2006-42 amdt 3.218

Declaration of approved authority
s 3A     ins 2001 No 44 amdt 1.4343
    am A2006-42 amdt 3.223

Declaration of complementary witness protection law
s 3B     ins 2001 No 44 amdt 1.4343
    am A2006-42 amdt 3.223

Declaration of authority—dict, def witness
s 3C     ins 2001 No 44 amdt 1.4343
    sub A2006-42 amdt 3.219

Application for court order
s 7     am 1997 No 113 sch; A2006-42 amdt 3.224

Power of Supreme Court to make order
s 8     am A2006-42 amdt 3.224; A2008-44 amdt 1.97

Effect of witness protection order
s 10     am 1997 No 113 sch; A2006-22 amdt 1.145 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.100

Effect of entries made in the register
s 11     sub 1997 No 113 sch
    am A2006-42 amdt 3.224

Offences in relation to documents
s 12     am 1997 No 113 sch

Information not to be disclosed
s 13     am 1997 No 113 sch; A2006-42 amdt 3.224

Non-disclosure of former identity of participant
s 14     am 2001 No 44 amdts 1.4344-1.4346; ss renum R2 LA (see 2001 No 44 amdt 1.4347)

Requirement if participant becomes witness in criminal proceeding
s 15     am 1997 No 96 sch 1; A2006-42 amdt 3.224

Offence—disclosures by participants
s 22     am A2006-42 amdt 3.224

Certain people not to be required to disclose information
s 23     am 1997 No 113 sch; A2006-42 amdt 3.224

Authorisation of approved authorities
s 26     am 2001 No 44 amdt 1.4348, amdt 1.4349; A2006-42 amdt 3.223

Protection from liability
s 27     am A2006-42 amdt 3.220, amdt 3.221
    sub A2008-28 amdt 3.174

Approved forms
s 29     sub 2001 No 44 amdt 1.4350
    am A2006-42 amdt 3.223

Regulation-making power
s 30     ins 2001 No 44 amdt 1.4350

Dictionary
dict     ins A2006-42 amdt 3.222
    am A2008-14 amdt 1.101
    def approved authority ins A2006-42 amdt 3.222
    def Commonwealth Act ins A2006-42 amdt 3.222
    def complementary witness protection law ins A2006-42 amdt 3.222
    def designated position ins A2006-42 amdt 3.222
    def participant ins A2006-42 amdt 3.222
    def register ins A2006-42 amdt 3.222
    def witness ins A2006-42 amdt 3.222
    def witness protection order ins A2006-42 amdt 3.222
    def witness protection program ins A2006-42 amdt 3.222

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 24 June 1998	24 June 1998– 11 Sept 2001	A1997-113	new Act and amendments by A1997-96 and A1997-113
R1 (RI) 24 June 1998	24 June 1998– 11 Sept 2001	A1997-113	reissue of printed version
R2 20 June 2002	12 Sept 2001– 16 June 2004	A2001-44	amendments by A2001-44
R3 17 June 2004	17 June 2004– 15 Nov 2006	A2003-58	amendments by A2003-58
R4 16 Nov 2006	16 Nov 2006– 18 May 2008	A2006-42	amendments by A2006-42
R5 19 May 2008	19 May 2008- 25 Aug 2008	A2008-14	amendments by A2008-14
R6 26 Aug 2008	26 Aug 2008– 29 May 2009	A2008-28	amendments by A2008-28

© Australian Capital Territory 2009

Australian Capital Territory

A1996-65

Republication No 7

Effective: 30 May 2009

Republication date: 30 May 2009

Last amendment made by A2008-44






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Witness Protection Act 1996

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 30 May 2009

. It also includes any amendment, repeal or expiry affecting the republished law to 30 May 2009

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Witness Protection Act 1996

Endnotes

Australian Capital Territory

Witness Protection Act 1996