Commonwealth Consolidated Acts

WITNESS PROTECTION ACT 1994 - SECT 3

                   In this Act, unless the contrary intention appears:

"AFP employee" has the same meaning as in the Australian Federal Police Act 1979 .

"approved authority" means:

                     (a)  a Commissioner (however designated) of the police force of a State or Territory; or

                    (aa)  the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or

                     (b)  the Chief Executive Officer of the Australian Crime Commission; or

                     (c)  an authority or body of the Commonwealth or of a State or Territory that:

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

                             (ii)  is declared by the Minister by notice in the Gazette to be an approved authority for the purposes of this Act.

"Commissioner" means the Commissioner of the Australian Federal Police.

"Commonwealth identity document" means a passport, a tax file number within the meaning of section 202A of the Income Tax Assessment Act 1936 or another document prescribed for the purposes of this definition.

"Commonwealth officer" has the same meaning as in section 3 of the Crimes Act 1914 .

"Commonwealth participant" means a person who is a participant:

                     (a)  in relation to an offence against a law of the Commonwealth; or

                     (b)  in relation to a Royal Commission under the Royal Commissions Act 1902 or another commission or inquiry under a law of the Commonwealth; or

                     (c)  in relation to an inquiry instituted by a House of the Parliament; or

                     (d)  under section 10 or 10A.

"complementary witness protection law" means a law of a State or Territory that:

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

                     (b)  is declared by the Minister by notice published in the Gazette to be a complementary witness protection law.

"Deputy Commissioner" means a Deputy Commissioner of the Australian Federal Police.

"designated position" means a position of a Deputy Commissioner, an AFP employee or a special member of the Australian Federal Police:

                     (a)  the duties of which relate to the NWPP and:

                              (i)  require the occupant to have a national security clearance because those duties involve access to national security information classified as "secret" or "top secret"; or

                             (ii)  require the occupant to have a position of trust clearance at the level of "highly protected" because those duties involve access to sensitive information; and

                     (b)  that has been declared in writing by the Commissioner to be a designated position for the purposes of this Act.

"member" means a member or special member of the Australian Federal Police.

"national security clearance" means a clearance that enables a person to have access to national security information or to an area that has been designated as secure.

"national security information" means information affecting the defence, security or international relations of Australia.

"NWPP" means the National Witness Protection Program established by this Act.

"participant" means a person who is included in the NWPP.

"position of trust clearance" means a clearance that enables a person to have access to sensitive material or to resources of a valuable or attractive nature.

"Registrar" means a person who occupies the position of Registrar of births, deaths and marriages, however described, of a State or Territory.

"sensitive information" includes material and resources (other than national security information) the unauthorised disclosure, loss, compromise, misuse or damage of which could reasonably be expected to:

                     (a)  cause serious harm to a person, a government or the legitimate activities of an agency; or

                     (b)  be seriously prejudicial to the establishment and maintenance of lawful methods for the protection of public safety.

"witness" means:

                     (a)  a person who has given, or who has agreed to give, evidence on behalf of the Crown in right of the Commonwealth or of a State or Territory in:

                              (i)  proceedings for an offence; or

                             (ii)  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

                     (b)  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 the Commonwealth or of a State or Territory; or

                     (c)  a person who has made a statement to the Australian Federal Police or an approved authority in relation to an offence against a law of the Commonwealth or of a State or Territory; or

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

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