Commonwealth Numbered Acts

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WITNESS PROTECTION ACT 1994 No. 124 of 1994 - SECT 19

Restoration of former identity
19.(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, without reasonable excuse, refuse or fail to
        return those documents to the Commissioner within 7 days after
        receiving the notice. Penalty for an offence against this subsection:
        10 penalty units. 


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