Untitled document

Witness Protection (Amendment) Act 2000

Act No. 31/2000

TABLE OF PROVISIONS

Section 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

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NOTES 11

i

Victoria

No. 31 of 2000

Witness Protection (Amendment) Act

2000†

[Assented to 30 May 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 to apply for Victorian identity documents for witnesses in their witness protection

programs;

Witness Protection (Amendment) Act 2000

s. 2 Act No. 31/2000

(b) to provide for the extraterritorial operation of offences regarding disclosure of information 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 as at 3 April 1997. Further	In this Act, the Witness Protection Act 1991 is
amended by	called the Principal Act.
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

Australia".

5. Definitions

In section 3 of the Principal Act, insert the
following definitions—

' "officer of an approved authority" means—

(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 authority is Commissioner (however designated) or Chairman;
(b)	within the meaning of paragraph (d) of the definition of "approved

in relation to an approved authority or an officer of the approved authority;

"participant" means a person who is included in the Victorian witness protection program;

Witness Protection (Amendment) Act 2000

Act No. 31/2000 s. 6

"recognised participant" means a person who is

included in a witness protection program
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

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;

(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";
(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".

(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 the register of births or register of marriages in respect of a recognised participant or a recognised participant and specified members of the family of the recognised participant.".

Witness Protection (Amendment) Act 2000

s. 9 Act No. 31/2000

(3) In section 6(2) of the Principal Act, after "Police"

insert "or an approved authority".

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

witness is a participant or a recognised

participant; and";

(b) paragraph (c) is repealed;

(c)

in paragraph (d), after "understanding" 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 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
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";

(c) in paragraph (c), after "paragraph (a)" insert "by a member or members of the police force".

Witness Protection (Amendment) Act 2000

Act No. 31/2000 s. 11

11.  Entries made under this Act to affect recognised participants

In section 9 of the Principal Act, for sub-section
(2) substitute—

"(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 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 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
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—

(a)

in sub-section (1) for "Imprisonment for (Maximum 10 years)";

(b) in sub-section (2) after "Police" insert "or an approved authority or an officer of an approved authority";

(c) in sub-section (3)—

Witness Protection (Amendment) Act 2000

s. 12 Act No. 31/2000

(i)  after "another person" insert ", in Victoria or elsewhere";

(ii)  in paragraph (c) and (d), after "force" insert "or an approved authority or an officer of an approved authority";

(iii)

for "Imprisonment for 5 years" (Maximum 5 years)";

(d) in sub-section (4)(a), after "Police" insert "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

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 person.
Penalty:	Level 5 Imprisonment (Maximum 10 years).

(6) A person must not, without lawful authority, disclose information in Victoria—

(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.
Penalty:	Level 5 Imprisonment (Maximum 10 years).".

Witness Protection (Amendment) Act 2000

Act No. 31/2000 s. 13

13.  Immunity from proceedings extends to officers of an approved authority

After section 12(1)(f) of the Principal Act insert—

"; 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

If—

(a) who has been provided with a new
identity under the Victorian witness

a participant or recognised participant and

(b)	the participant or recognised participant has given to the Chief Commissioner of Police or an approved authority
evidence that satisfies the Chief Commissioner or approved authority—

(i)

that the participant or recognised and

(ii)  of the identity of the participant or recognised participant; and

(c) recognised participant who has been
married previously—the participant or
recognised participant has given to the
Chief Commissioner or approved

in the case of a participant or Chief Commissioner or approved

Witness Protection (Amendment) Act 2000

s. 15	Act No. 31/2000
authority that the previous spouse has died or that the marriage has been dissolved or annulled; and

(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 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
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).".

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
entries in the register of births and register of
marriages to ensure that the integrity of those

registers is maintained;

(f) to maintain records showing details of the
original birth entry or original marriage entry

must include requirements on the authority is made under section 8(a) by an officer or officers of the authority.".

Witness Protection (Amendment) Act 2000

Act No. 31/2000 s. 16

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
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 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)—

(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" 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—

"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—

(a) is convicted of the offence under that law; or

Witness Protection (Amendment) Act 2000

s. 19 Act No. 31/2000

(b) is found by a court to have committed the offence under that law but is not 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— "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 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)".

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Witness Protection (Amendment) Act 2000

Act No. 31/2000 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 14 April 2000

Legislative Council: 10 May 2000

The long title for the Bill for this Act was "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."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 4 April 2000

Legislative Council: 10 May 2000

Absolute majorities:

Legislative Assembly: 10 May 2000

Legislative Council: 23 May 2000