Commonwealth Consolidated Acts

WITNESS PROTECTION ACT 1994 - SECT 18

             (1)  Protection and assistance provided under the NWPP to a participant:

                     (a)  must be terminated by the Commissioner if the participant requests in writing that it be terminated; or

                     (b)  may be terminated by a Deputy Commissioner if:

                              (i)  the participant deliberately breaches a term of the memorandum of understanding; or

                             (ii)  the Deputy Commissioner discovers that the participant had knowingly given information to the Commissioner that is false or misleading in a material particular; or

                            (iii)  the participant's conduct or threatened conduct is, in the opinion of the Deputy Commissioner, likely to compromise the integrity of the NWPP; or

                            (iv)  the circumstances that gave rise to the need for protection and assistance for the participant cease to exist; or

                             (v)  the participant deliberately breaches an undertaking, including an undertaking to give evidence, given to the Commonwealth, a State or Territory in relation to a matter relevant to the NWPP; or

                            (vi)  the participant refuses or fails to sign a new memorandum of understanding when required to do so under subsection 8(5); or

                           (vii)  there is, in the opinion of the Deputy Commissioner, no reasonable justification for the participant to remain included in the NWPP;

                            and the Deputy Commissioner is of the opinion that, in the circumstances of the case, the protection and assistance should be terminated.

             (2)  If a Deputy Commissioner makes a decision under paragraph (1)(b) that protection and assistance provided under the NWPP to a participant be terminated, the Deputy Commissioner must:

                     (a)  take reasonable steps to notify the participant of the decision; and

                     (b)  notify the relevant approved authority of the decision.

             (3)  A participant who receives such a notification may, within 28 days after receiving the notice, apply in writing to the Commissioner for a review of the decision of the Deputy Commissioner.

             (4)  If an application is made, the Commissioner:

                     (a)  must review the decision of the Deputy Commissioner, and confirm, reverse or vary it; and

                     (b)  before making that decision, must give the participant a reasonable opportunity to state his or her case; and

                     (c)  after making that decision, must inform the participant in writing of the decision.

             (5)  A decision of a Deputy Commissioner under paragraph (1)(b) that protection and assistance provided under the NWPP to a participant be terminated:

                     (a)  if:

                              (i)  the participant's whereabouts are not known; and

                             (ii)  the Deputy Commissioner has taken reasonable steps to notify the participant of the decision but has been unable to do so;

                            takes effect at the end of the period of 28 days after those steps were commenced; or

                     (b)  if the participant does not apply for a review of the decision in accordance with subsection (3)--takes effect at the end of the period of 28 days after the participant receives the notification; or

                     (c)  if the participant applies for a review of the decision in accordance with subsection (3) and the Commissioner notifies the participant that he or she has reversed the decision--has no effect; or

                     (d)  if the participant applies for a review of the decision in accordance with subsection (3) and the Commissioner notifies the participant that he or she has confirmed the decision--takes effect when the Commissioner notifies the participant of the decision on the review; or

                     (e)  if the participant applies for a review of the decision in accordance with subsection (3) and the Commissioner notifies the participant that he or she has varied the decision--takes effect on the day specified by the Commissioner.

             (6)  If:

                     (a)  protection and assistance provided under the NWPP to a participant is terminated; and

                     (b)  the person was a participant under section 10 or 10A;

the Commissioner must notify the Secretary to the Department of Immigration and Ethnic Affairs, or an officer nominated by the Secretary, in writing of the termination.