Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) a participant has been provided with a new identity under the NWPP; and
(b) protection and assistance under the NWPP to the participant is terminated;
a Deputy Commissioner may, if he or she considers it appropriate to do so, take such action as is necessary to restore the former participant's former identity.
(2) The Deputy Commissioner must take reasonable steps to notify the former participant of a decision under subsection (1).
(3) If the Deputy Commissioner proposes to take action to restore the former participant's former identity, the former participant may 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) If the Commissioner or a Deputy Commissioner:
(a) takes action under this section to restore the former identity of a person who was a Commonwealth participant; and
(b) the Commissioner or a Deputy Commissioner notifies the former participant in writing that he or she is required to return to the Commissioner all documents provided to the former participant that relate to the new identity provided under the NWPP;
the former participant must not refuse or fail to return those documents to the Commissioner within 7 days after receiving the notice.
Penalty: 10 penalty units.
(6) Subsection (5) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code ).
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