Witness Protection Act 1996 (ACT)

Witness Protection Act 1996   

A1996-65

Republication No 9 (RI)

Effective:  7 November 2013

Republication date: 7 November 2013

Reissued: 24 February 2014 because of High Court decision

in relation to A2013‑39

Last amendment made by A2013‑39 (never effective)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Witness Protection Act 1996 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 7 November 2013.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 7 November 2013. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

Witness Protection Act 1996

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

3            Notes  2

3A          Declaration of approved authority  2

3B          Declaration of complementary witness protection law  3

3C          Declaration of authority—dict, def witness  3

Part 2      Witness protection program

4            Witness protection program  4

5            Assessing witness for inclusion in witness protection program               5

Part 3      Protecting witnesses from identification

6            Identifying documents  6

7           Application for court order  6

8            Power of Supreme Court to make order  6

9            Court proceedings under pt 3 to be closed to public  7

10          Effect of witness protection order  7

11          Effect of entries made in the register  7

12          Offences in relation to documents  8

13          Information not to be disclosed  8

14          Nondisclosure of former identity of participant  9

15          Requirement if participant becomes witness in criminal proceeding       10

16          Identity of participant not to be disclosed in legal proceeding               11

17          Documentation restrictions  11

18          Special commercial arrangements by chief police officer  11

19          Dealing with rights and obligations of participant  12

20          Avoidance of obligations by participant  12

Part 4      Miscellaneous

21          Offence—disclosures about participants  14

22          Offence—disclosures by participants  14

23          Certain people not to be required to disclose information  15

24          Restriction on issue of territory identity documents  16

25          Arrangements with approved authorities  16

26          Authorisation of approved authorities  17

27          Protection from liability  17

28          Proceedings for offence  18

29          Approved forms  18

30          Regulation-making power  18

Dictionary19

Endnotes

1            About the endnotes  22

2            Abbreviation key  22

3            Legislation history  23

4            Amendment history  25

5            Earlier republications  28

Witness Protection Act 1996

An Act to make provision to protect the safety and welfare of witnesses

Part 1Preliminary

1. Name of Act

   This Act is the Witness Protection Act 1996.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘register—see the Births, Deaths and Marriages Registration Act 1997, dictionary.’ means that the term ‘register’ is defined in that dictionary and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

3ADeclaration of approved authority

(1)The Minister may declare that an authority or body of the Commonwealth, a State or another Territory is an approved authority for this Act.

(2)A declaration is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

3BDeclaration of complementary witness protection law

(1)The Minister may declare that a law of the Commonwealth, a State or another Territory is a complementary witness protection law for this Act.

(2)A declaration is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

3CDeclaration of authority—dict, def witness

(1)The Minister may declare an authority to be an authority for the dictionary, definition of witness, paragraph (a) (ii).

(2)A declaration is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

Part 2Witness protection program

1. Witness protection program

   (1)The chief police officer may make arrangements with the commissioner of police for the provision of services under the witness protection program for the taking of the action that the chief police officer considers necessary and reasonable to protect the safety and welfare of a witness.

   (2)The action that may be taken under subsection (1) includes—

   (a)making arrangements necessary—

   (i)to allow the witness to establish a new identity; or

   (ii)otherwise to protect the witness; or

   (b)relocating the witness; or

   (c)providing accommodation for the witness; or

   (d)providing transport for the property of the witness; or

   (e)providing reasonable financial assistance to the witness; or

   (f)permitting people involved in the administration of the witness protection program to use assumed names in carrying out their duties and to have documentation supporting those assumed names; or

   (g)doing any other thing permitted under the witness protection program to ensure the safety of the witness; or

   (h)doing things as a result of functions given to the chief police officer under a complementary witness protection law.

2. Assessing witness for inclusion in witness protection program

   The assessment and inclusion of a witness in the witness protection program must be in accordance with the provisions of the Commonwealth Act for the assessment and inclusion of a witness (within the meaning of that Act) in that program as if each reference in the Commonwealth Act, sections 7 and 8 to the commissioner were a reference to the chief police officer.

Part 3Protecting witnesses from identification

1. Identifying documents

   Without limiting section 4, the chief police officer may apply for any documents necessary—

   (a)to allow a witness to establish a new identity; or

   (b)otherwise to protect the witness.

2. Application for court order

   (1)The chief police officer may apply to the Supreme Court for an order authorising a specified person or a person of a specified class or description of people—

   (a)to make a new entry in the register in relation to a witness; or

   (b)to issue in the witness’s new identity a document of a kind previously issued to the witness.

   (2)The chief police officer must provide the evidence that the Supreme Court may require to satisfy itself about the matters mentioned in section 8.

3. Power of Supreme Court to make order

   The Supreme Court may make a witness protection order if satisfied that—

   (a)the person named in the application as a witness—

   (i)was a witness to or has knowledge of an offence punishable by imprisonment for longer than 12 months and is or has been a witness in a criminal proceeding relating to the offence; or

   (ii)is a person who, because of his or her relationship to, or association with, a person to whom subparagraph (i) applies may require protection or other assistance under this Act; and

   (b)the life or safety of the person may be endangered as a result of the person being a witness; and

   (c)a memorandum of understanding in accordance with the Commonwealth Act, section 9 has been entered into between the witness and chief police officer; and

   (d)the person is likely to comply with the memorandum of understanding.

4. Court proceedings under pt 3 to be closed to public

   The hearing of an application under this part is not open to the public.

5. Effect of witness protection order

   On the making of a witness protection order of the kind mentioned in section 7 (1) (a)—

   (a)a person authorised to do so by the order may make any entries in the register that are necessary to give effect to the order; and

   (b)the registrar-general is required to give to the person access to the register and to give the assistance that the person may require; and

   (c)the chief police officer must maintain records showing details of the original birth entry or the original marriage, civil union or civil partnership entry of each person in relation to whom an entry is made under paragraph (a).

6. Effect of entries made in the register

   (1)An entry made in the register under this Act has effect as if it were an entry made under the Births, Deaths and Marriages Registration Act 1997.

   (2)However, an entry made in the register under this Act may only be cancelled by the registrar-general if the Supreme Court, after being satisfied that the witness is no longer included in the witness protection program, has made an order on the application of the chief police officer directing that the entry be cancelled.

7. Offences in relation to documents

   While an entry made under this Act in the register continues in force, a person in relation to whom the entry is made must not use or obtain any document issued by the registrar-general that is based on the previous entry.

   Maximum penalty:  50 penalty units.

8. Information not to be disclosed

   (1)A person must not, either directly or indirectly, make a record of, disclose, or communicate to another person any information relating to the making of an entry under this Act in the register, unless it is necessary to do so—

   (a)for this Act; or

   (b)for the purposes of an investigation by the ombudsman; or

   (c)to comply with an order of the Supreme Court.

   Maximum penalty:  imprisonment for 10 years.

   (2)Despite subsection (1), the chief police officer may disclose the former identity of a participant or former participant for the purpose of obtaining documents relating to the new identity of the participant or former participant.

9. Nondisclosure of former identity of participant

   (1)If—

   (a)a participant who has been provided with a new identity under the witness protection program would, apart from this section, be required by or under a territory law to disclose his or her former identity for a particular purpose; and

   (b)the chief police officer has given the participant permission, in writing, not to disclose his or her former identity for that purpose;

   the participant is not required to disclose his or her former identity to any person for that purpose.

   NoteIf a form is approved under s 29 (Approved forms) for a permission, the form must be used.

   (2)If a participant has been given permission under subsection (1) not to disclose his or her former identity for a particular purpose, it is lawful for the participant, in any proceedings or for any purpose, under or in relation to the relevant territory law to claim that his or her new identity is his or her only identity.

   (3)It is the duty of each person who is or has been associated with the administration of the witness protection program and who has obtained access to information or a document relevant to the witness protection program not to disclose that information or publish that document except as authorised by the chief police officer.

   (4)If, under a complementary witness protection law of the Commonwealth, a State or another Territory, it is lawful for a participant not to disclose his or her former identity for a purpose approved by the chief police officer, the participant is not required to disclose his or her former identity to another person for that purpose.

   (5)In this section:

   participant includes a person who—

   (a)was provided with a new identity under the witness protection program; and

   (b)is no longer a participant but keeps that identity.

10. Requirement if participant becomes witness in criminal proceeding

    (1)If—

    (a)a participant is provided with a new identity under the witness protection program; and

    (b)the person, whether or not the person remains a participant, keeps that identity; and

    (c)the person is to be a witness in a criminal proceeding under that identity; and

    (d)the person has a criminal record under his or her former identity;

    the person must notify the chief police officer that the person is to be a witness in the proceeding.

    (2)After being notified under subsection (1), the chief police officer may take any action the chief police officer considers appropriate in the circumstances, including disclosing to the Supreme Court, the prosecutor and the accused person or the accused person’s lawyer the criminal record of the participant or former participant.

11. Identity of participant not to be disclosed in legal proceeding

    (1)If, in any proceeding in a court, a tribunal or a royal commission or board of inquiry, the identity of a participant is in issue or may be disclosed, the court, tribunal, commission or inquiry must, unless it considers that the interests of justice require otherwise—

    (a)hold that part of the proceeding that relates to the identity of the participant in private; and

    (b)make the order relating to the suppression of publication of evidence given before the court, tribunal, commission or inquiry that, in its opinion, will ensure that the identity of the participant is not disclosed.

    (2)If in any proceeding in a court, a tribunal or a royal commission or board of inquiry, a participant who has been provided with a new identity under the witness protection program is giving evidence, the court, tribunal, commission or inquiry may hold that part of the proceeding in the absence of the public.

12. Documentation restrictions

    The chief police officer must not obtain documentation for a participant that represents that the participant—

    (a)has a qualification that the participant does not have; or

    (b)is entitled to a benefit that the participant is not entitled to.

13. Special commercial arrangements by chief police officer

    The chief police officer may make commercial arrangements with a person under which a participant is able to obtain a benefit under a contract or arrangement without revealing the participant’s former identity.

14. Dealing with rights and obligations of participant

    (1)If a participant has any outstanding rights or obligations or is subject to any restrictions, the chief police officer is to take the steps that are reasonably practicable to ensure that—

    (a)those rights or obligations are dealt with according to law; or

    (b)the person complies with the restrictions.

    (2)The steps that may be taken under subsection (1) include—

    (a)providing protection for the participant while the participant is attending court; or

    (b)notifying a party or possible party to legal proceedings that the chief police officer will, on behalf of the participant, accept process issued by a court, a tribunal or a royal commission or board of inquiry and nominating a police officer for the purpose.

15. Avoidance of obligations by participant

    (1)If the chief police officer is satisfied that a participant who has been provided with a new identity under the witness protection program is using the new identity—

    (a)to avoid obligations that were incurred before the new identity was established; or

    (b)to avoid complying with restrictions that were imposed on the person before the new identity was established;

    the chief police officer must give written notice to the participant stating that the chief police officer is so satisfied.

    (2)A notice under subsection (1) must also state that, unless the participant satisfies the chief police officer that the obligations will be dealt with according to law or the restrictions will be complied with, the chief police officer will take the action that the chief police officer considers reasonably necessary to ensure that they are dealt with according to law or complied with.

    (3)The action that may be taken under subsection (2) includes informing a person who is seeking to enforce rights against the participant of the details of any property (whether real or personal) owned by the participant under the participant’s former identity.

Part 4Miscellaneous

1. Offence—disclosures about participants

   A person must not, except in accordance with this Act or a complementary witness protection law, disclose information—

   (a)about the identity or location of a person who is or has been—

   (i)a participant; or

   (ii)a person on a witness protection program conducted by the Commonwealth, a State or another Territory under a complementary witness protection law; or

   (b)that compromises the security of such a person.

   Maximum penalty:  imprisonment for 10 years.

2. Offence—disclosures by participants

   (1)Subject to subsection (2), a participant or a former participant must not, either directly or indirectly, disclose or communicate to another person—

   (a)the fact that he or she or a member of his or her family has entered a memorandum of understanding under the Commonwealth Act, section 9; or

   (b)details of the memorandum of understanding; or

   (c)information relating to anything done by the chief police officer or another police officer under this Act; or

   (d)information about any police officer gained by the person as a result of anything done under this Act.

   Maximum penalty:  imprisonment for 5 years.

   (2)This section does not apply to a disclosure or communication—

   (a)that has been authorised by the chief police officer; or

   (b)that is necessary for the purposes of an investigation by the ombudsman; or

   (c)that is necessary to comply with an order of the Supreme Court.

1. Certain people not to be required to disclose information

   (1)This section applies to a person who is or has been—

   (a)the chief police officer; or

   (b)any other police officer; or

   (c)the registrar or the registrar-general; or

   (d)a person employed in the administration of the Registration of Births, Deaths and Marriages Act 1963 or the Births, Deaths and Marriages Registration Act 1997; or

   (e)the ombudsman; or

   (f)a member of the staff of the ombudsman; or

   (g)an approved authority; or

   (h)a member of the staff of an approved authority.

   (2)Unless the Supreme Court makes an order that provides to the contrary, or the proceedings relate to an offence under this Act, a person to whom this section applies cannot be required in any proceedings in a court, a tribunal or a royal commission or board of inquiry to produce any document or to divulge or communicate any matter or thing relating to the exercise of his or her duties in accordance with this Act.

2. Restriction on issue of territory identity documents

   (1)Territory identity documents must not be issued for a person who is on a witness protection program being conducted by the Commonwealth, a State or another Territory unless—

   (a)an arrangement is in force between the Minister and the relevant Commonwealth, State or other Territory Minister relating to the issue of territory identity documents for the purposes of that program; and

   (b)a complementary witness protection law is in force in the Commonwealth, State or another Territory.

   (2)Without limiting the matters to which such an arrangement may relate, an arrangement may relate to—

   (a)the procedures to be adopted for requesting the issue of territory identity documents for the purposes of the program; and

   (b)guidelines for the issue of those documents and other documents.

3. Arrangements with approved authorities

   (1)The chief police officer may make arrangements with an approved authority about any matter in connection with the administration of a complementary witness protection law.

   (2)Without limiting the coverage of the arrangements mentioned in subsection (1), the arrangements—

   (a)may provide for the chief police officer or another police officer to exercise functions given by a complementary witness protection law; and

   (b)must include procedures under which the authority shares with the Territory the costs incurred under those arrangements; and

   (c)may provide for the authority to make available to the chief police officer the statements, transcripts of evidence and other documents that will assist the chief police officer in deciding—

   (i)whether to provide protection or assistance to a person under this Act; and

   (ii)what protection and assistance are appropriate for a person; and

   (d)may give functions under complementary witness protection laws to the chief police officer.

4. Authorisation of approved authorities

   (1)The Minister may authorise an approved authority to exercise functions given to the chief police officer under this Act for the purposes of any arrangement entered into by the chief police officer under section 25 or the corresponding provision of a complementary witness protection law.

   (2)An authorisation is a notifiable instrument.

   Note A notifiable instrument must be notified under the Legislation Act.

5. Protection from liability

   (1)A person is not personally liable for conduct engaged in honestly and without recklessness—

   (a)in the exercise of a function under this Act; or

   (b)in the reasonable belief that the conduct was in the exercise of a function under this Act.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act (see Legislation Act, s 104).

   (2)Any liability that would, apart from this section, attach to the person attaches instead to the Territory.

   (3)In this section:

   conduct means an act or an omission to do an act.

6. Proceedings for offence

   An offence against this Act, except section 21, is punishable on summary conviction.

7. Approved forms

   (1)The Minister may approve forms for this Act.

   (2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.

   NoteFor other provisions about forms, see Legislation Act, s 255.

   (3)An approved form is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

8. Regulation-making power

   The Executive may make regulations for this Act.

   NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     chief police officer

·     civil partnership

·     civil union

·     Commonwealth

·     Minister (see s 162)

·     ombudsman

·     proceeding

·     registrar-general.

approved authority means—

(a)the commissioner of police; or

(b)a commissioner (however designated) of the police force or service of a State or another Territory; or

(c)the chief executive officer of the Australian Crime Commission; or

(d)an authority or body of the Commonwealth, a State or another Territory that—

(i)is authorised to conduct inquiries or investigations in relation to conduct that is, or is alleged to be, criminal conduct, misconduct or corruption; and

(ii)is declared under section 3A (Declaration of approved authority) to be an approved authority for this Act.

Commonwealth Act means the Witness Protection Act 1994 (Cwlth).

complementary witness protection law means a law of the Commonwealth, a State or another Territory that—

(a)makes provision for the protection of witnesses; and

(b)is declared under section 3B (Declaration of complementary witness protection law) to be a complementary witness protection law.

designated position means a position of a police officer that has been declared in writing by the chief police officer to be a designated position for this Act.

participant means a witness who is included in a witness protection program.

register—see the Births, Deaths and Marriages Registration Act 1997, dictionary.

witness means—

(a)a person who has given, or agreed to give, evidence on behalf of the prosecution in—

(i)a proceeding for an offence; or

(ii)hearings or proceedings before an authority to which this paragraph applies because of a declaration under section 3C; or

(b)a person who has given, or 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 the Territory, the Commonwealth, a State or another Territory; or

(c)a person who has made a statement to the chief police officer, another police officer or an approved authority in relation to an offence against a law of the Territory, the Commonwealth, a State or another Territory; or

(d)a person who, for any other reason, may require protection or other assistance under this Act; or

(e)a person who, because of his or her relationship to, or association with, a person mentioned in paragraph (a) to (d) may require protection or other assistance under the witness protection program.

witness protection order means an order of the Supreme Court under part 3 (Protecting witnesses from identification).

witness protection program means the national witness protection program established under the Commonwealth Act.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Witness Protection Act 1996 A1996‑65

   notified 3 December 1996 (Gaz 1996 No S321)
   s 1, s 2 commenced 3 December 1996 (s 2 (1))

   remainder commenced 3 June 1997 (s 2 (3))

   as amended by

   Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1

   notified 1 December 1997 (Gaz 1997 No S380)
   s 1, s 2 commenced 1 December 1997 (s 2 (1))

   sch 1 commenced 1 June 1998 (s 2 (2))

   Births, Deaths and Marriages Registration (Consequential Provisions) Act 1997 A1997-113 sch

   notified 24 December 1997 (Gaz 1997 No S420)
   s 1, s 2 commenced 24 December 1997 (s 2 (1))

   sch commenced 24 June 1998 (s 2 (2))

   Legislation (Consequential Amendments) Act 2001 A2001-44 pt 417

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 417 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.5

   notified LR 17 December 2003
   s 1, s 2 commenced 17 December 2003 (LA s 75 (1))

   sch 1 pt 1.5 commenced 17 June 2004 (s 2 and LA s 79)

   Civil Unions Act 2006 A2006-22 sch 1 pt 1.30

   notified LR 19 May 2006
   s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
   sch 1 pt 1.30 never commenced

   NoteAct repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)

   Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.26

   notified LR 26 October 2006
   s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))

   sch 3 pt 3.26 commenced 16 November 2006 (s 2 (1))

   Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.26

   notified LR 15 May 2008
   s 1, s 2 commenced 15 May 2008 (LA s 75 (1))
   sch 1 pt 1.26 commenced 19 May 2008 (s 2 and CN2008-8)

   Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.61

   notified LR 12 August 2008
   s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

   sch 3 pt 3.61 commenced 26 August 2008 (s 2)

   Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.14

   notified LR 9 September 2008
   s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
   sch 1 pt 1.14 commenced 30 May 2009 (s 2 and CN2009-4)4

   Civil Unions Act 2012 A2012-40 sch 3 pt 3.27

   notified LR 4 September 2012
   s 1, s 2 commenced 4 September 2012 (LA s 75 (1))

   sch 3 pt 3.27 commenced 11 September 2012 (s 2)

   Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.25

   notified LR 4 November 2013
   s 1, s 2 commenced 4 November 2013 (LA s 75 (1))

   sch 2 pt 2.25 commenced 7 November 2013 (s 2 and CN2013-11)

   NoteThe High Court held this Act to be of no effect (see Commonwealth v Australian Capital Territory [2013] HCA 55)

2. Amendment history

   Dictionary

   s 2om A2001‑44 amdt 1.4339

   ins A2006‑42 amdt 3.218

   Notes

   s 3sub A2006‑42 amdt 3.218

   def approved authority am A2001‑44 amdt 1.4340; A2003‑58 amdt 1.6

   om A2006‑42 amdt 3.218

   def complimentary witness protection law am A2001‑44 amdt 1.4341

   om A2006‑42 amdt 3.218

   def register ins A1997‑113 sch

   om A2006‑42 amdt 3.218

   def Register of Births om A1997‑113 sch

   om A2006‑42 amdt 3.218

   def Register of Marriages om A1997‑113 sch

   om A2006‑42 amdt 3.218

   def Registrar om A1997‑113 sch

   om A2006‑42 amdt 3.218

   def witness am A2001‑44 amdt 1.4342

   om A2006‑42 amdt 3.218

   Declaration of approved authority

   s 3Ains A2001‑44 amdt 1.4343

   am A2006‑42 amdt 3.223

   Declaration of complementary witness protection law

   s 3Bins A2001‑44 amdt 1.4343

   am A2006‑42 amdt 3.223

   Declaration of authority—dict, def witness

   s 3Cins A2001‑44 amdt 1.4343

   sub A2006‑42 amdt 3.219

   Application for court order

   s 7am A1997‑113 sch; A2006‑42 amdt 3.224

   Power of Supreme Court to make order

   s 8am A2006‑42 amdt 3.224; A2008‑44 amdt 1.97

   Effect of witness protection order

   s 10am A1997‑113 sch; A2006‑22 amdt 1.145 (A2006‑22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008‑14 amdt 1.100; A2012‑40 amdt 3.124; A2013‑39 amdt 2.72 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))

   Effect of entries made in the register

   s 11sub A1997‑113 sch

   am A2006‑42 amdt 3.224

   Offences in relation to documents

   s 12am A1997‑113 sch

   Information not to be disclosed

   s 13am A1997‑113 sch; A2006‑42 amdt 3.224

   Non-disclosure of former identity of participant

   s 14am A2001‑44 amdts 1.4344-1.4346; ss renum R2 LA (see A2001‑44 amdt 1.4347)

   Requirement if participant becomes witness in criminal proceeding

   s 15am A1997‑96 sch 1; A2006‑42 amdt 3.224

   Offence—disclosures by participants

   s 22am A2006‑42 amdt 3.224

   Certain people not to be required to disclose information

   s 23am A1997‑113 sch; A2006‑42 amdt 3.224

   Authorisation of approved authorities

   s 26am A2001‑44 amdt 1.4348, amdt 1.4349; A2006‑42 amdt 3.223

   Protection from liability

   s 27am A2006‑42 amdt 3.220, amdt 3.221

   sub A2008‑28 amdt 3.174

   Approved forms

   s 29sub A2001‑44 amdt 1.4350

   am A2006‑42 amdt 3.223

   Regulation-making power

   s 30ins A2001‑44 amdt 1.4350

   Dictionary

   dictins A2006‑42 amdt 3.222

   am A2008‑14 amdt 1.101; A2012‑40 amdt 3.125; A2013‑39 amdt 2.73, amdt 2.74 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))

   def approved authority ins A2006‑42 amdt 3.222

   def Commonwealth Act ins A2006‑42 amdt 3.222

   def complementary witness protection law ins A2006‑42 amdt 3.222

   def designated position ins A2006‑42 amdt 3.222

   def participant ins A2006‑42 amdt 3.222

   def register ins A2006‑42 amdt 3.222

   def witness ins A2006‑42 amdt 3.222

   def witness protection order ins A2006‑42 amdt 3.222

   def witness protection program ins A2006‑42 amdt 3.222

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 24 June 1998	24 June 1998– 11 Sept 2001	A1997‑113	new Act and amendments by A1997‑96 and A1997‑113
R1 (RI) 24 June 1998	24 June 1998– 11 Sept 2001	A1997‑113	reissue of printed version
R2 20 June 2002	12 Sept 2001– 16 June 2004	A2001‑44	amendments by A2001‑44
R3 17 June 2004	17 June 2004– 15 Nov 2006	A2003‑58	amendments by A2003‑58
R4 16 Nov 2006	16 Nov 2006– 18 May 2008	A2006‑42	amendments by A2006‑42
R5 19 May 2008	19 May 2008‑ 25 Aug 2008	A2008‑14	amendments by A2008‑14
R6 26 Aug 2008	26 Aug 2008– 29 May 2009	A2008‑28	amendments by A2008‑28
R7 30 May 2009	30 May 2009– 10 Sept 2012	A2008‑44	amendments by A2008‑44
R8 11 Sept 2012	11 Sept 2012– 6 Nov 2013	A2012‑40	amendments by A2012‑40
R9 7 Nov 2013	never effective	A2013‑39 (never effective)	amendments by A2013‑39

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