Commonwealth Numbered Acts

WITNESS PROTECTION ACT 1994 No. 124 of 1994 - SECT 9

9.(1) A memorandum of understanding is to:

   (a)  set out the basis on which a participant is included in the NWPP and
        details of the protection and assistance that is to be provided; and

   (b)  contain a provision to the effect that protection and assistance under
        the NWPP may be terminated if the participant breaches a term of the
        memorandum of understanding.

(2) A memorandum of understanding in relation to a participant may also
contain:

   (a)  the terms and conditions on which protection and assistance is to be
        provided to the participant, which may include a condition that
        protection and assistance may be withdrawn if the participant:

        (i)    commits an offence against a law of the Commonwealth or of a
               State or Territory; or

        (ii)   engages in activities of a kind specified in the memorandum of
               understanding; or

        (iii)  compromises the integrity of the NWPP; and

   (b)  an agreement by or on behalf of the participant not to compromise,
        directly or indirectly, the security of, or any other aspect of, the
        protection or assistance being provided; and

   (c)  an agreement by or on behalf of the participant that the participant
        comply with all reasonable directions of the Commissioner in relation
        to the protection and assistance provided to the participant; and

   (d)  an agreement by or on behalf of the participant that the participant
        will, if required to do so by the Commissioner:

        (i)    undergo medical, psychological or psychiatric tests or
               examinations and make the results available to the
               Commissioner; or

        (ii)   undergo drug or alcohol counselling or treatment; and

   (e)  a list of:

        (i)    the outstanding legal obligations (including family maintenance
               obligations and taxation obligations) of the participant; and

        (ii)   any other obligations of the participant; and an agreement by
               or on behalf of the participant as to how those obligations are
               to be met; and

   (f)  a financial support arrangement; and

   (g)  an agreement by or on behalf of the participant that the participant
        will disclose to the Commissioner details of any criminal charges that
        are made against, and any civil or bankruptcy proceedings that are
        made in relation to, the participant after the participant is included
        in the NWPP.

(3) A memorandum of understanding must be signed by or on behalf of the
witness in the presence of a member or a staff member who holds or occupies a
designated position.

(4) A witness becomes included in the NWPP when the Commissioner signs the
memorandum of understanding.

(5) The Commissioner must, as soon as practicable after signing a memorandum
of understanding, notify the relevant participant that it has been signed.

(6) Subject to subsection (7), the Commissioner may, by notice in writing
given to a participant, vary the memorandum of understanding, and a variation
takes effect on the day on which the notice is received by the participant.

(7) A variation must not have the effect of removing from the memorandum of
understanding the provisions referred to in subsection (1).