WITNESS PROTECTION ACT 1996 - SECT 3
WITNESS PROTECTION ACT 1996 - SECT 3
(1) In this Act,
unless the contrary intention appears—
"approved authority" means—
(a) the
Commissioner of the Australian Federal Police; or
(b) a
Commissioner (however designated) of the police force of another State or a
Territory;
(c) the
Chief Executive Officer of the Australian Crime Commission; or
(d) an
authority or body of this State, the Commonwealth, another State or a
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 person for the time being holding, or acting in, the
office of Commissioner of Police under the Police Act 1952 ;
"Commonwealth Act" means the Witness Protection Act 1994 of the
Commonwealth;
"complementary witness protection law" means—
(a) the
Commonwealth Act; or
(b) a
law of another State or a Territory that—
(i)
makes provision for the protection of witnesses; and
(ii)
is declared by the Minister by notice in the Gazette to
be a complementary witness protection law;
"Deputy Commissioner" means the person for the time being holding, or acting
in, the office of Deputy Commissioner of Police under the Police Act 1952
;
"designated position" means a position of a member, the duties of which relate
to the Program and that has been declared in writing by the Commissioner to be
a designated position for the purposes of this Act;
"Independent Commission Against Corruption" means the
Independent Commission Against Corruption established under the Independent
Commission Against Corruption Act 2012 ;
"member" means a member of the police force of this State;
"participant" means a person who is included in the Program;
"prescribed authority" means—
(a) the
Principal Registrar of Births, Deaths and Marriages; or
(b) the
Registrar of Motor Vehicles; or
(c) any
person or body declared by regulation to be a prescribed authority for the
purposes of this Act;
"prescribed register" means—
(a) the
register of births kept under the Births, Deaths and Marriages Registration
Act 1966 ; or
(b) the
register of motor vehicles kept under the Motor Vehicles Act 1959 ; or
(c) the
register of licences kept under the Motor Vehicles Act 1959 ; or
(d) any
other register or record of information declared by regulation to be a
prescribed register for the purposes of this Act;
"Program" means the State Witness Protection Program established by this Act;
"witness" means—
(a) a
person who has given, or who has agreed to give, evidence on behalf of the
Crown in right of this State, the Commonwealth, another State or a 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 this State, the Commonwealth,
another State or a Territory; or
(c) a
person who has made a statement to the Commissioner, another member or an
approved authority in relation to an offence against a law of this State, the
Commonwealth, another State or a Territory; or
(d) a
person who, for any other reason, may require protection or other assistance
under the Program; 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 Program;
"witness protection program" means—
(a) the
Program; or
(b) a
witness protection program operated under a complementary witness
protection law.
(2) In this Act, a
reference to a Commonwealth Act includes a reference to—
(a) that
Commonwealth Act as amended and in force for the time being; and
(b) an
Act enacted in substitution for that Act.
(3) The Minister may,
by notice in the Gazette—
(a)
declare an authority or body to be an approved authority for the purposes of
this Act; or
(b)
declare a law of another State or a Territory to be a complementary
witness protection law; or
(c)
declare an authority to be an authority to which
paragraph (a)(ii) of the definition of "witness" in subsection (1)
applies; or
(d) vary
or revoke any such declaration.