Witness Protection Act 2000 (Tas)

Witness Protection Act 2000

An Act to make provision for matters relating to witness protection and for other purposes [Royal Assent 16 June 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Witness Protection Act 2000 .

2. Commencement (1) This Act, except section 32 and Schedule 1, commences on a day to be proclaimed. (2) Section 32 and Schedule 1 commence on the day on which the Births, Deaths and Marriages Registration Act 1999 commences but, if this Act commences after the day on which the Births, Deaths and Marriages Registration Act 1999 commences, section 32 and Schedule 1 commence on the day on which this Act commences.

3. Interpretation In this Act, unless the contrary intention appears – approved authority means – (a) the Commissioner of the Australian Federal Police; and (b) a Commissioner (however designated) of the police force, or police service, of another State; and (c) the Chief Executive Officer of the Australian Crime Commission; and (d) an authority or body of the Commonwealth or another State that – (i) is authorised to conduct inquiries or investigations in relation to conduct that constitutes, or is alleged to constitute, criminal conduct, misconduct or corruption; and (ii) is declared by the Minister, by notice published in the Gazette, to be an approved authority for the purposes of this Act; authorising court order means a court order authorising the making of an entry under this Act; complementary witness protection law means a law of the Commonwealth or another State that – (a) makes provision for the protection of witnesses; and (b) is declared by the Minister, by notice published in the Gazette, to be a complementary witness protection law; member of the family, in relation to a witness, includes the person with whom the witness is in a personal relationship, within the meaning of the Relationships Act 2003 ; officer of an approved authority means – (a) in relation to an approved authority within the meaning of paragraph (a) or (b) of the definition of "approved authority", a person who is a member of the body of which the approved authority is Commissioner (however designated); (ab) in relation to an approved authority within the meaning of paragraph (c) of the definition of "approved authority", a person who is a member of the staff of the Australian Crime Commission; (b) in relation to an approved authority within the meaning of paragraph (d) of the definition of approved authority , a person who is a member or an officer of the approved authority; participant means a person who is included in the Tasmanian witness protection program; recognised participant means a person who is included in a witness protection program established under a complementary witness protection law, but who is not included in the Tasmanian witness protection program; register of births means the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1999 ; register of marriages means the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1999 ; Registrar means the Registrar of Births, Deaths and Marriages; State includes Territory; Tasmanian witness protection program means the program established and maintained by the Commissioner of Police under section 4 ; witness means – (a) a person who has given, or agreed to give, evidence on behalf of the Crown in – (i) proceedings for an offence; or (ii) hearings or proceedings before an authority that is declared by the Minister, by notice published in the Gazette, to be an authority to which this paragraph applies; 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 Tasmania, the Commonwealth or another State; or (c) a person who has made a statement to a police officer or an approved authority in relation to an offence against a law of Tasmania, the Commonwealth or another State; or (d) a person who, for any other reason, may require protection or other assistance under this Act.