Witness Protection Regulations 1995 (Cth)

Witness Protection Regulations 1995

Statutory Rules 1995 No. 68 as amended

made under the

Witness Protection Act 1994

This compilation was prepared on 4 March 2010

taking into account amendments up to SLI 2010 No. 18

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

    1Name of Regulations [see Note 1]

  These Regulations may be cited as the Witness Protection Regulations 1995.

2Commencement

 These Regulations commence on 18 April 1995.

3Interpretation

• (1)

  In these Regulations, unless the contrary intention appears:

  Act means the Witness Protection Act 1994.

• (2)

  In these Regulations, a reference to a form by number is a reference to the form so numbered in Schedule 1.

4Permission not to disclose former identity – prescribed form

• (1)

  For the purposes of subsection 16 (1) of the Act, Form 1 is prescribed.

• (2)

  For the purposes of subsection 16 (5) of the Act, Form 2 is prescribed.

5Meaning 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.

Schedule 1Forms

(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 1original identity /2former NWPP identity provided on [insert date] for a particular purpose, namely [specify the purpose];

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 3original identity /4former NWPP identity provided on [insert date] for a particular purpose, namely [specify the purpose];

not to disclose that identity for that particular purpose.

Dated

________________________

[signature of Commissioner]

Notes to the Witness Protection Regulations 1995

Note 1

The Witness Protection Regulations 1995 (in force under the Witness Protection Act 1994) as shown in this compilation comprise Statutory Rules 1995 No. 68 amended as indicated in the Tables below.

Table of Instruments

Year and Number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1995 No. 68	11 Apr 1995	18 Apr 1995
2010 No. 18	3 Mar 2010 (see F2010L00513)	4 Mar 2010	—

Table of Amendments

• ad. = added or inserted

   am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 5..........................................

ad. 2010

 No. 18

Schedule 1

Schedule 1.............................

rs. 2010 No. 18

1

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.

23

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.

4