Witness Protection Regulations 2018 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This instrument is the
Witness Protection Regulations 2018 .
This instrument is made under the
Witness Protection Act 1994 .
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) complementary witness protection law;
(b) former NWPP identity;
(c) original identity;
(d) participant.
In this instrument:
Act means theWitness Protection Act 1994 .
For the purposes of the definition of
eligible national security clearance in section 3 of the Act, a security clearance at one of the following levels is prescribed:
(a) Negative Vetting Level 1;
(b) Negative Vetting Level 2;
(c) Positive Vetting.
(1) For the purposes of paragraph 16(1)(b) of the Act, Form 1 in Schedule 1 is prescribed.
(2) For the purposes of subsection 16(5) of the Act, Form 2 in Schedule 1 is prescribed and may be used for the purpose of granting an approval under subsection 16(4) of the Act.
For the purposes of 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 Division 2 of Part 2‑1 of the
Proceeds of Crime Act 2002 ;(b) an examination conducted under Division 3 of Part 3‑1 of the
Proceeds of Crime Act 2002 .
Note: See section 6.
Commonwealth of Australia
I, [
(a) a participant 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 the participant’s *original identity /*former NWPP identity provided on [
date ] for a particular purpose, namely [specify the purpose ];
not to disclose that identity for that particular purpose.
Dated
Commissioner
Commonwealth of Australia
I, [
(a) a participant who has been provided with a new identity under the National Witness Protection Program under the Witness Protection Act; and
(b) who would otherwise be required to disclose the participant’s *original identity /*former NWPP identity provided on [
date ] for a particular purpose, namely [specify the purpose ];
not to disclose that identity to a Commonwealth officer for that particular purpose.
Dated
Commissioner
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Witness Protection Regulations 2018 | 11 Dec 2018 (F2018L01728) | 12 Dec 2018 (s 2(1) item 1) | |
Witness Protection Amendment (Eligible National Security Clearance) Regulations 2024 | 6 Mar 2024 (F2024L00284) | 13 Mar 2024 (s 2(1) item 1) | — |
s 2............................................. | rep LA s 48D |
s 4............................................. | rep LA s 48C |
s 5A........................................... | ad F2024L00284 |
Schedule 2.................................. | rep LA s 48C |
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