Witness Protection Amendment Regulations 2010 (No. 1) (Cth)

Witness Protection Amendment Regulations 2010 (No. 1)¹

Select Legislative Instrument 2010 No. 18

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Witness Protection Act 1994.

Dated 25 February 2010

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

BRENDAN O’CONNOR

Minister for Home Affairs

Name of Regulations

These Regulations are the Witness Protection Amendment Regulations 2010 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Witness Protection Regulations

Schedule 1 amends the Witness Protection Regulations.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 1

substitute

Name of Regulations

These Regulations are the Witness Protection Regulations 1995.

[2] After regulation 4

insert

Meaning of civil proceeding

For paragraph (d) of the definition of civil proceeding in subsection 27A (3) of the Act, each of the following is prescribed:

(a)an application for a restraining order under Part 2‑1 of the Proceeds of Crime Act 2002;

(b)an examination conducted under Part 3‑1 of the Proceeds of Crime Act 2002.

[3] Schedule 1

substitute

Schedule 1 Forms

(regulation 4)

Form 1Permission under the Witness Protection Act 1994 for a participant not to disclose his or her original identity or a former NWPP identity

Subsection 16 (1) of the Witness Protection Act 1994

I, [insert name], the Commissioner of the Australian Federal Police, acting under subsection 16 (1) of the Witness Protection Act 1994, give permission to [insert name of participant], a participant within the meaning of section 16 of that Act:

(a)who has been provided with a new identity under the National Witness Protection Program; and

(b)who would, apart from section 16 of that Act, be required by or under a law of the Commonwealth to disclose his or her *original identity /*former NWPP identity provided on [insert date] for a particular purpose, namely [specify the purpose];

* The terms ‘original identity’ and ‘former NWPP identity’ have the same meaning as provided by section 3 of the Witness Protection Act. Omit whichever is not applicable.

not to disclose that identity for that particular purpose.

Dated

________________________

[signature of Commissioner]

_________________

Form 2Permission under a law of a State or Territory for a participant not to disclose his or her original identity or former NWPP identity

Subsection 16 (5) of the Witness Protection Act 1994

I, [insert name], the Commissioner of the Australian Federal Police, acting under [specify provision] of [specify State or Territory law] of [specify State or Territory], a complementary witness protection law within the meaning of the Witness Protection Act 1994 of the Commonwealth (the Witness Protection Act), give permission to [insert name of participant], being a participant within the meaning of section 16 of the Witness Protection Act:

(a)who has been provided with a new identity under the National Witness Protection Program under the Witness Protection Act; and

(b)who would, apart from section 16 of the Witness Protection Act, be required by or under a law of the Commonwealth to disclose his or her *original identity /*former NWPP identity provided on [insert date] for a particular purpose, namely [specify the purpose];
* The terms ‘original identity’ and ‘former NWPP identity’ have the same meaning as provided by section 3 of the Witness Protection Act. Omit whichever is not applicable.

not to disclose that identity for that particular purpose.

Dated

________________________

[signature of Commissioner]

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See