WITNESS PROTECTION (WESTERN AUSTRALIA) ACT 1996 - SECT 33

WITNESS PROTECTION (WESTERN AUSTRALIA) ACT 1996 - SECT 33

33 .         Terms used

                In this Division —

        another jurisdiction means another State, a Territory or the Commonwealth;

        corresponding law means a law of another jurisdiction that corresponds to this Division, and includes a prescribed law of another jurisdiction;

        corresponding non-disclosure certificate means a certificate given under a provision of a corresponding law that corresponds to section 34A(3);

        court includes —

            (a)         a tribunal or other body established or continued under a written law and having a power to obtain evidence or information;

            (b)         a Royal Commission established under the Royal Commissions Act 1968 ;

            (c)         a commission, board, committee or other body established by the Governor or by the Government of the State to inquire into any matter;

        court proceedings means any proceedings in a court;

        non-disclosure certificate means a certificate given under section 34A(3);

        parliamentary committee means a committee or other body established by either or both Houses of Parliament to inquire into any matter;

        parliamentary proceedings means any proceedings before a parliamentary committee;

        party , to proceedings, means —

            (a)         for criminal proceedings, the prosecutor and each accused person; or

            (b)         for civil proceedings, each person who is a party to the proceedings; or

            (c)         for any other proceedings, each person who may appear or give evidence in the proceedings;

        proceedings means court proceedings or parliamentary proceedings;

        protected address , of a protected person, means —

            (a)         for proceedings in which the protected person is or may be required to give evidence under the person’s new identity, the last place where the person lived under the person’s former identity; or

            (b)         for proceedings in which the protected person is or may be required to give evidence under the person’s former identity, the place where the person lives;

        protected identity , of a protected person, means —

            (a)         for proceedings in which the protected person is or may be required to give evidence under the person’s new identity, the person’s former identity; or

            (b)         for proceedings in which the protected person is or may be required to give evidence under the person’s former identity, the person’s new identity;

        protected person means a person who, having been given a new identity under the SWPP, keeps the identity whether or not the person remains a participant.

        [Section 33 inserted: No. 55 of 2012 s. 133; amended: No. 9 of 2022 s. 424.]

        [Heading inserted: No. 55 of 2012 s. 133.]