Commonwealth Numbered Acts

WITNESS PROTECTION ACT 1994 No. 124 of 1994 - SECT 3

3. In this Act, unless the contrary intention appears:

"approved authority" means:

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

   (b)  the Chairman of the National Crime Authority; 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;

"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 member or staff member:

   (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;

"staff member" means a staff member of the Australian Federal Police;

"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.