Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"approved authority" means:
(a) the Commissioner of the Australian Federal Police;
(b) the highest ranking officer (however designated) of the police force of a State or another Territory of the Commonwealth;
(c) the Chief Executive Officer of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; or
(d) an authority or body of the Commonwealth or a State or Territory of the Commonwealth that the Minister declares under section 4(1) to be an approved authority.
"authorised member of the Police Force" means a member of the Police Force who is authorised under an instruction given by the Commissioner or a general order made under section 14A of the Police Administration Act to carry out duties for the purposes of giving protection and assistance under the TWPP to a witness or family member.
"Commissioner" means the Commissioner of Police.
"complementary witness protection law" means:
(a) the Witness Protection Act 1994 of the Commonwealth; or
(b) a law of a State or another Territory of the Commonwealth that:
(i) makes provision for the protection of witnesses or family members; and
(ii) is declared by the Minister under section 4(3) to be a complementary witness protection law.
complementary witness protection program means a witness protection program established under a complementary witness protection law.
Deputy Commissioner has the same meaning as in the Police Administration Act .
"family member", of a witness, means:
(a) a spouse or de facto partner of the witness; or
(b) a person who is related to or associated with the witness.
"former identity", in relation to a person who was a participant who was given a new identity, means the identity of the person before the person was given the new identity.
"memorandum of understanding" means a memorandum of understanding entered into in respect of a witness or family member under Part 2, Division 2.
"new identity", in relation to a participant, means the identity given to the participant under Part 2, Division 3 as a means of providing protection and assistance to the participant under the TWPP.
"officer of an approved authority" means:
(a) an employee, member or officer (however described) of the authority or body administered by an approved authority referred to in paragraph (a), (b) or (c) of the definition of approved authority ; or
(b) a person who is an employee, member or officer (however described) of an approved authority referred to in paragraph (d) of the definition of "approved authority".
"participant" means a witness or family member who receives protection or assistance under the TWPP.
"recognised participant" means a witness or family member who receives protection or assistance under a complementary witness protection program.
"Register" has the same meaning as in the Births, Deaths and Marriages Registration Act .
"Registrar" has the same meaning as in the Births, Deaths and Marriages Registration Act .
"TWPP" means the Territory witness protection program established and maintained under section 5 of this Act.
"witness" means a person who:
(a) has given or agreed to give evidence on behalf of the Crown in:
(i) proceedings for an offence against a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth; or
(ii) hearings or proceedings before an authority that the Minister declares under section 4(4) to be an authority to which this paragraph applies;
(b) has given or agreed to give evidence, other than evidence referred to in paragraph (a), in relation to the commission or alleged commission of an offence against a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth; or
(c) has made a statement to a member of the Police Force, an approved authority or an officer of an approved authority in relation to the commission or alleged commission of an offence against a law of the Territory, the Commonwealth or a State or another Territory of the Commonwealth.
(2) A reference in this Act to a parent or other person in relation to agreeing to inclusion in the TWPP, or consenting to or signing a memorandum of understanding or an amendment to a memorandum or understanding, for and on behalf of a witness, family member or participant who is less than 18 years of age or who lacks legal capacity is a reference to a parent, guardian or other person who is usually responsible for the care and control of the witness, family member or participant or to the legal personal representative of the witness, family member or participant.