Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 124 of 1994 as amended
This compilation was prepared on 30 December 2006
taking into account amendments up to Act No. 86 of 2006
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that
have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General's Department, Canberra
Contents
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
3............ Interpretation...................................................................................... 1
3A......... Application of the Criminal Code...................................................... 4
4............ Establishment of the National Witness Protection Program.............. 4
5............ Inclusion in NWPP not to be done as a reward for giving evidence etc. 4
6............ Arrangements with approved authorities........................................... 5
7............ Witness to disclose certain matters before being included in the NWPP 5
8............ Selection for inclusion in the NWPP.................................................. 7
9............ Memorandum of understanding.......................................................... 9
10.......... Inclusion of foreign nationals or residents in NWPP at the request of foreign law enforcement agencies 11
10A....... Inclusion of persons in NWPP at the request of International Criminal Court 12
11.......... Register of participants.................................................................... 13
12.......... Access to Register............................................................................ 14
13.......... Action where a witness is included in the NWPP............................ 14
14.......... Special provision in case of marriage of participant......................... 16
15.......... Dealing with rights and obligations of participant............................ 16
16.......... Non‑disclosure of former identity of participant............................. 17
17.......... Special commercial arrangements by Commissioner........................ 18
18.......... Cessation of protection and assistance............................................. 18
19.......... Restoration of former identity.......................................................... 21
20.......... Provision of information to approved authorities............................ 22
21.......... Officers protected from suit in respect of decisions under Act....... 22
22.......... Offences............................................................................................ 23
23.......... Payments under NWPP not able to be confiscated.......................... 23
24.......... Restriction on issue of Commonwealth identity documents............ 24
25.......... Delegation......................................................................................... 24
26.......... Commissioner and members not to be required to disclose information 25
27.......... Requirement where participant becomes a witness in criminal proceedings 26
28.......... Identity of participant not to be disclosed in court proceedings etc. 26
29.......... Transitional....................................................................................... 27
30.......... Reports and information for the Minister........................................ 27
31.......... Amendments of other Acts.............................................................. 27
32.......... Regulations....................................................................................... 27
Schedule--Amendments of other Acts 28
Notes 29
Notes to
the
Witness Protection Act 1994 Note 1 The Witness Protection Act 1994 as shown in this
compilation comprises Act No. 124,
1994 amended as indicated in the Tables below. For all relevant information pertaining to application, saving
or transitional provisions see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
|
124, 1994 |
18 Oct 1994 |
18 Apr 1995 |
|
|
|
|
20, 1997 |
7 Apr 1997 |
Schedule 1 (item 29): Royal Assent (a) |
-- |
|
|
|
9, 2000 |
7 Mar 2000 |
2 July 2000 (see Gazette 2000, No. S328) |
Sch. 3 (items 20, 34, 35) |
|
|
|
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 |
24, 2001 |
6 Apr 2001 |
S. 4(1) and (2) and Schedule 50: (b) |
S. 4(1) and (2) |
|
|
135, 2001 |
1 Oct 2001 |
Schedules 1--7 and 9--12: 12 Oct 2001 (see
Gazette 2001, No. S428) |
-- |
||
|
International Criminal Court (Consequential Amendments) Act 2002 |
42, 2002 |
27 June 2002 |
Schedules 1--7: 26 Sept 2002 (see s.
2(1) (item 2) and Gazette 2002, No. GN38) |
-- |
|
|
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 |
86, 2002 |
11 Oct 2002 |
Ss. 1--3: Royal Assent |
-- |
|
|
125, 2002 |
10 Dec 2002 |
Schedule 2 (item 225): 1 Jan 2003 |
-- |
||
|
80, 2004 |
23 June 2004 |
Schedule 1 (items 211--213, 215): 1 Dec 2004 (see Gazette 2004, No. GN34) |
Sch. 1 (items 212, 213, 215) |
||
|
Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 |
84, 2006 |
30 June 2006 |
Schedule 3 (items 65, 66): 30 Dec 2006 (see s. 2(1)) |
-- |
|
|
Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006 |
86, 2006 |
30 June 2006 |
Schedule 1 (item 97): 30 Dec 2006 (see s. 2(1)) |
-- |
|
(a) The Witness Protection Act 1994 was amended by Schedule 1 (item 29) only of the Crimes and Other Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(b) The Witness Protection Act 1994 was amended by Schedule 50 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:
(1) Subject to this section, this Act commences at the later of the following times:
(a) immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;
Item 15 commenced on 24 May 2001.
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
am. No. 9, 2000; No. 135, 2001; Nos. 42 and 125, 2002; No. 86, 2006 |
|
|
ad. No. 24, 2001 |
|
|
am. No. 9, 2000 |
|
|
am. No. 80, 2004 |
|
|
am. No. 9, 2000 |
|
|
ad. No. 42, 2002 |
|
|
am. No. 9, 2000; No. 84, 2006 |
|
|
am. No. 9, 2000 |
|
|
am. No. 42, 2002 |
|
|
am. No. 24, 2001 |
|
|
am. No. 9, 2000 |
|
|
am. No. 20, 1997; No. 9, 2000; No. 24, 2001; No. 84, 2006 |
|
|
am. No. 86, 2002 |
|
|
am. No. 9, 2000 |
|
|
am. No. 9, 2000 |
|
Table A
Application, saving or transitional provisions
Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)
Schedule 3
20 Definition
In this Part:
commencing time means the time when this Part commences.
34 Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian Federal Police;
(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.
35 Regulations dealing with matters of a transitional or saving nature
(1) The Governor‑General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)
(1) Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Bankruptcy Legislation Amendment Act 2004 (No. 80, 2004)
Schedule 1
212 Transitional--pre‑commencement deeds and compositions
(1) For the purposes of this item, if a deed of assignment or a deed of arrangement was executed by a debtor and a trustee under Part X of the Bankruptcy Act 1966 before the commencement of this item, the deed is a pre‑commencement deed.
(2) For the purposes of this item, if a composition was accepted before the commencement of this item by a special resolution of a meeting of creditors under section 204 of the Bankruptcy Act 1966, the composition is a pre‑commencement composition.
(3) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre‑commencement deed; and
(d) a pre‑commencement composition; and
(e) any matter connected with, or arising out of:
(i) a pre‑commencement deed; or
(ii) a pre‑commencement composition;
as if those repeals had not happened and those amendments had not been made.
213 Transitional--pre‑commencement authorities
(1) For the purposes of this item, if:
(a) an authority given by a debtor under section 188 of the Bankruptcy Act 1966 became effective before the commencement of this item; and
(b) as at the commencement of this item, none of the following had happened:
(i) the execution by the debtor and the trustee of a deed of assignment under Part X of the Bankruptcy Act 1966;
(ii) the execution by the debtor and the trustee of a deed of arrangement under Part X of the Bankruptcy Act 1966;
(iii) the acceptance of a composition by a special resolution of a meeting of the debtor's creditors under section 204 of the Bankruptcy Act 1966;
the authority is a pre‑commencement authority.
(2) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the Bankruptcy Act 1966 and regulations under that Act; and
(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre‑commencement authority; and
(d) the control of the debtor's property following a pre‑commencement authority becoming effective; and
(e) a meeting of the debtor's creditors called under a pre‑commencement authority; and
(f) whichever of the following is applicable:
(i) a deed of assignment executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(ii) a deed of arrangement executed after the commencement of this item by the debtor and the trustee under Part X of the Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;
(iii) a composition accepted after the commencement of this item by a special resolution of such a meeting; and
(g) any other matter connected with, or arising out of:
(i) a pre‑commencement authority; or
(ii) a deed of assignment mentioned in subparagraph (f)(i); or
(iii) a deed of arrangement mentioned in subparagraph (f)(ii); or
(iv) a composition mentioned in subparagraph (f)(iii);
as if those repeals had not happened and those amendments had not been made.
215 Transitional--regulations
(1) The regulations may make provision for matters of a transitional nature arising from the amendments made by Parts 1 and 2 of this Schedule.
(2) The Governor‑General may make regulations for the purposes of subitem (1).