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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Witness Protection (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Amendment of Purpose 2
5. Definitions 2
6. Approved authorities able to make new entry in the register of
births or register of marriages 3
7. Memorandum of understanding 3
8. Application for court order by approved authorities 3
9. Power of Supreme Court to make order extended to recognised
participants 4
10. Effect of authorizing court order 4
11. Entries made under this Act to affect recognised participants 5
12. Disclosure offences to apply extraterritorially 5
13. Immunity from proceedings extends to officers of an approved
authority 7
14. New section 15 substituted 7
15. Special provision in case of marriage 7
15. Arrangements with approved authorities 8
16. New section 21A inserted 9
21A. Approved authorities can only act under this Act if
arrangements with Chief Commissioner are in place 9
17. Freedom of information 9
18. New section 24A inserted 9
24A. Double jeopardy 9
19. New section 25 substituted 10
25. Supreme Court--limitation of jurisdiction 10
20. Statute law revision 10
NOTES 11
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PARLIAMENT OF VICTORIA
Initiated in Assembly 22 March 2000
A BILL
to amend the Witness Protection Act 1991 to enable authorities from
other jurisdictions to apply for Victorian identity documents for
witnesses in their witness protection programs, to provide for the
extraterritorial operation of offences regarding disclosure of
information about witnesses and for other purposes.
Witness Protection (Amendment) Act
2000
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Witness Protection Act 1991--
(a) to enable authorities from other jurisdictions
5 to apply for Victorian identity documents for
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Witness Protection (Amendment) Act 2000
s. 2
Act No.
witnesses in their witness protection
programs;
(b) to provide for the extraterritorial operation of
offences regarding disclosure of information
5 about witnesses.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
No. 15/1991. 3. Principal Act
Reprint No. 1
10 In this Act, the Witness Protection Act 1991 is
as at 3 April
1997. Further
called the Principal Act.
amended by
Nos 43/1996
and 58/1996.
4. Amendment of Purpose
In section 1 of the Principal Act, after
"proceedings" insert "in Victoria or elsewhere in
15 Australia".
5. Definitions
In section 3 of the Principal Act, insert the
following definitions--
' "officer of an approved authority" means--
20 (a) in relation to an approved authority
within the meaning of paragraph (a),
(b) or (c) of the definition of "approved
authority"--a person who is a member
of the body of which the approved
25 authority is Commissioner (however
designated) or Chairman;
(b) in relation to an approved authority
within the meaning of paragraph (d) of
the definition of "approved
30 authority"--a person who is a member
or an officer of the approved authority;
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s. 6
Act No.
"participant" means a person who is included in
the Victorian witness protection program;
"recognised participant" means a person who is
included in a witness protection program
5 established under a complementary witness
protection law, but who is not included in the
Victorian witness protection program;'.
6. Approved authorities able to make new entry in the
register of births or register of marriages
10 In section 4(1) of the Principal Act, after "force"
insert "or an officer of an approved authority".
7. Memorandum of understanding
In section 5 of the Principal Act--
(a) sub-section (1) is repealed;
15 (b) in sub-section (1A), for "A memorandum of
understanding" substitute "For the purposes
of section 3B(2)(c), a memorandum of
understanding between the Chief
Commissioner of Police and a witness";
20 (c) in sub-section (2)(i), for "(h)" substitute
"(g)".
8. Application for court order by approved authorities
(1) In section 6(1) of the Principal Act, for "witness"
(wherever occurring) substitute "participant".
25 (2) After section 6(1) of the Principal Act insert--
"(1A) An approved authority may apply to the
Supreme Court for a court order authorizing
a nominated officer or officers of the
approved authority to make a new entry in
30 the register of births or register of marriages
in respect of a recognised participant or a
recognised participant and specified
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Witness Protection (Amendment) Act 2000
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Act No.
members of the family of the recognised
participant.".
(3) In section 6(2) of the Principal Act, after "Police"
insert "or an approved authority".
5 9. Power of Supreme Court to make order extended to
recognised participants
In section 7 of the Principal Act--
(a) for paragraph (a) substitute--
"(a) the person named in the application as a
10 witness is a participant or a recognised
participant; and";
(b) paragraph (c) is repealed;
(c) in paragraph (d), after "understanding"
insert "that the person has entered into under
15 section 5 or under the provisions of a
complementary witness protection law".
10. Effect of authorizing court order
In section 8 of the Principal Act--
(a) in paragraph (a), after "force" insert "or
20 officer or officers of an approved authority";
(b) for paragraph (b) substitute--
"(b) the Registrar is required to give the
member or members of the police force
or officer or officers of an approved
25 authority nominated in the authorizing
court order access to the register of
births or register of marriages and to
give such assistance as they may
require; and";
30 (c) in paragraph (c), after "paragraph (a)" insert
"by a member or members of the police
force".
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11. Entries made under this Act to affect recognised
participants
In section 9 of the Principal Act, for sub-section
(2) substitute--
5 "(2) An entry made in the register of births or
register of marriages under this Act can be
cancelled by the Registrar only if--
(a) in the case of a witness who was a
participant--the Supreme Court makes
10 a court order on the application of the
Chief Commissioner of Police directing
that the entry be cancelled;
(b) in the case of a witness who was a
recognised participant--the Supreme
15 Court makes a court order on the
application of an approved authority
directing that the entry be cancelled.
(3) The Supreme Court may make an order
under sub-section (2) only if it is satisfied
20 that the witness is no longer a participant or
a recognised participant, as the case
requires.".
12. Disclosure offences to apply extraterritorially
(1) In section 10 of the Principal Act--
25 (a) in sub-section (1) for "Imprisonment for
10 years" substitute "Level 5 Imprisonment
(Maximum 10 years)";
(b) in sub-section (2) after "Police" insert "or an
approved authority or an officer of an
30 approved authority";
(c) in sub-section (3)--
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(i) after "another person" insert ", in
Victoria or elsewhere";
(ii) in paragraph (c) and (d), after "force"
insert "or an approved authority or an
5 officer of an approved authority";
(iii) for "Imprisonment for 5 years"
substitute "Level 6 Imprisonment
(Maximum 5 years)";
(d) in sub-section (4)(a), after "Police" insert
10 "or an approved authority".
(2) In section 10 of the Principal Act, for
sub-section (5) substitute--
"(5) A person must not, without lawful authority,
disclose information in Victoria or
15 elsewhere--
(a) about the identity or location of a
person who is or has been a participant;
or
(b) that compromises the security of such a
20 person.
Penalty: Level 5 Imprisonment (Maximum
10 years).
(6) A person must not, without lawful authority,
disclose information in Victoria--
25 (a) about the identity or location of a
person who is or has been a recognised
participant; or
(b) that compromises the security of such a
person.
30 Penalty: Level 5 Imprisonment (Maximum
10 years).".
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13. Immunity from proceedings extends to officers of an
approved authority
After section 12(1)(f) of the Principal Act
insert--
5 "; or
(g) an officer of an approved authority.".
14. New section 15 substituted
For section 15 of the Principal Act substitute--
"15. Special provision in case of marriage
10 If--
(a) a participant or recognised participant
who has been provided with a new
identity under the Victorian witness
protection program wishes to marry;
15 and
(b) the participant or recognised participant
has given to the Chief Commissioner of
Police or an approved authority
evidence that satisfies the Chief
20 Commissioner or approved authority--
(i) that the participant or recognised
participant is of marriageable age;
and
(ii) of the identity of the participant or
25 recognised participant; and
(c) in the case of a participant or
recognised participant who has been
married previously--the participant or
recognised participant has given to the
30 Chief Commissioner or approved
authority evidence that satisfies the
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Chief Commissioner or approved
authority that the previous spouse has
died or that the marriage has been
dissolved or annulled; and
5 (d) the participant or recognised participant
has given to the Chief Commissioner or
approved authority a statutory
declaration to the effect that there is no
legal impediment to the marriage and
10 the Chief Commissioner or approved
authority is not aware of any legal
impediment to the marriage--
the Chief Commissioner or approved
authority may give a certificate to a Registrar
15 stating that the Chief Commissioner or
approved authority has received the evidence
referred to in paragraphs (b) and (c) and the
statutory declaration referred to in
paragraph (d).".
20 15. Arrangements with approved authorities
After section 21(2)(d) of the Principal Act
insert--
"(e) must include requirements for the training of
officers of the authority in the making of
25 entries in the register of births and register of
marriages to ensure that the integrity of those
registers is maintained;
(f) must include requirements on the authority
to maintain records showing details of the
30 original birth entry or original marriage entry
of each person in respect of whom an entry
is made under section 8(a) by an officer or
officers of the authority.".
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Witness Protection (Amendment) Act 2000
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16. New section 21A inserted
After section 21 of the Principal Act insert--
"21A. Approved authorities can only act under
this Act if arrangements with Chief
5 Commissioner are in place
An approved authority or an officer of an
approved authority may perform a function
or exercise a power under this Act only if
arrangements between the Chief
10 Commissioner of Police and the approved
authority under section 21 are in force.".
17. Freedom of information
In section 24 of the Principal Act--
(a) in paragraph (a)--
15 (i) for sub-paragraph (i) substitute--
"(i) the identity or location of a person
who is, or has been, a participant
or a recognised participant; or";
(ii) in sub-paragraph (iv), after "force"
20 insert "or an approved authority or an
officer of an approved authority";
(b) for "(d)" substitute "(b)".
18. New section 24A inserted
After section 24 of the Principal Act insert--
25 "24A. Double jeopardy
If an act or omission is both an offence under
this Act and an offence under a law of the
Commonwealth, or of another State, or of a
Territory, a person who--
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(a) is convicted of the offence under that
law; or
(b) is found by a court to have committed
the offence under that law but is not
5 convicted--
is not liable to be proceeded against for the
offence under this Act.".
19. New section 25 substituted
For section 25 of the Principal Act substitute--
10 "25. Supreme Court--limitation of jurisdiction
It is the intention of section 12(3), as it
applies to persons specified in section 12(1)
as amended by section 13 of the Witness
Protection (Amendment) Act 2000, to alter
15 or vary section 85 of the Constitution Act
1975.".
20. Statute law revision
In section 23 of the Principal Act, before "If"
(where first occurring) insert "(1)".
20
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Witness Protection (Amendment) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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