Witness Protection Act 1994 (Cth)

Witness Protection Act 1994

No. 124, 1994

Compilation No. 12

Compilation date: 13 March 2024

Includes amendments: Act No. 63, 2023

Registered: 14 March 2024

About this compilation

This compilation

This is a compilation of the Witness Protection Act 1994 that shows the text of the law as amended and in force on 13 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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 (www.legislation.gov.au). 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.

Application, saving and transitional provisions for provisions and amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 1 Short title 2 Commencement 3 Interpretation 3AA Declaration of complementary witness protection law 3AB State offence that has a federal aspect 3A Application of the Criminal Code 4 Establishment of the National Witness Protection Program 5 Inclusion in NWPP not to be done as a reward for giving evidence etc. 6 Arrangements with approved authorities 7 Witness to disclose certain matters before being included in the NWPP 8 Selection for inclusion in the NWPP 9 Memorandum of understanding 10 Inclusion of foreign nationals or residents in NWPP at the request of foreign law enforcement agencies 10A Inclusion of persons in NWPP at the request of International Criminal Court 11 Register of participants 12 Access to Register 13 Action to protect witnesses, participants and former participants etc. 14 Special provision in case of marriage of participant 15 Dealing with rights and obligations of participant 16 Non‑disclosure of former identity of participant 17 Special commercial arrangements by Commissioner 17A Suspension of protection and assistance on request by participant 17B Suspension of protection and assistance by Commissioner 17C Review of decision to suspend protection and assistance 18 Termination of inclusion in NWPP and other protection and assistance 19 Restoration of former identity 20 Provision of information to approved authorities 21 Officers protected from suit in respect of decisions under Act 22 Offences relating to Commonwealth or Territory participants 22A Offences relating to State participants 22B Offences relating to disclosure of information about the NWPP 22C Disclosures to courts, etc. 23 Payments under NWPP not able to be confiscated 24 Restriction on issue of Commonwealth identity documents 25 Delegation 26 Commissioner and members not to be required to disclose information 27 Requirement where participant becomes a witness in criminal proceedings 27A Requirement where participant involved in civil proceedings 28 Identity of participant not to be disclosed in court proceedings etc. 28A Offence of contravening an order under section 28 29 Transitional 29A Past program participants 30 Reports and information for the Minister 32 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish a program to give protection and assistance to certain witnesses and other persons