New South Wales Consolidated Acts

WITNESS PROTECTION ACT 1995 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 46)

Part 1 - Preliminary

1 Regulations

(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Witness Protection Amendment Act 2002

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 NSW Police Witness Protection Plan

The New South Wales Police Witness Protection Plan in force immediately before the commencement of section 5 is taken to be a witness protection program for the purposes of this Act.

3 Memorandum of understanding

A memorandum of understanding entered into under the New South Wales Police Witness Protection Plan and in force immediately before the commencement of section 8 is taken to be a memorandum of understanding under that section.

4 Protected witnesses

A person who, for his or her safety and welfare has entered into a memorandum of understanding to which clause 3 applies is taken to be a witness for the purposes of this Act.

Part 3 - Provisions consequent on Witness Protection Amendment Act 2002

5 Definition

In this Schedule:
"2002 amending Act" means the Witness Protection Amendment Act 2002 .

6 Appeals

(1) An amendment made by the 2002 amending Act to section 6 (4) or 12 (5) does not apply in respect of an appeal received before the commencement of the amendment.

(2) An amendment made by the 2002 amending Act to section 12 (2) does not apply in respect of a notification received before the commencement of the amendment.

(3) An amendment made by the 2002 amending Act to section 13 does not apply in respect of a decision made before the commencement of the amendment.

7 Memorandum of understanding

The amendment made by the 2002 amending Act to section 8 (1) does not apply to a memorandum of understanding signed before the commencement of the amendment.

8 Suspension of protection and assistance

Section 11A extends to apply in respect of a witness who became a participant before the commencement of that section.

9 Non-disclosure certificates

Part 3A extends to persons who became protected persons within the meaning of that Part before the commencement of that Part and also extends to apply in respect of the giving of evidence after the commencement of that Part in proceedings that commenced before the commencement of that Part.

10 Information disclosure

An amendment made by the 2002 amending Act to section 34 extends to apply in respect of the provision of services before the commencement of the amendment.