Commonwealth Numbered Regulations - Explanatory Statements

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WITNESS PROTECTION REGULATIONS 1995 NO. 68

STATUTORY RULES 1995 No. 68

Issued by the Authority of the Minister for Justice

Witness Protection Act 1994

Witness Protection Regulations

Section 32 of the Witness Protection Act 1994 (the Act) provides that the Governor-General may make regulations, prescribing matters required or permitted to be prescribed by the Act or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

The Act will come into force on 18 April 1995 by virtue of subsection 2(2) of the Act. Subsection 16 (6) defines "participant" for the purposes of section 16 of the Act. It includes a participant or a former participant who retains his/her new identity. Subsection 16(1) of the Act provides that a participant on the National Witness Protection Program established under section 4 of the Act is not required to disclose his/her former identity in circumstances where he or she would otherwise be required to do so under Commonwealth law, if the Commissioner has given him/her permission not to do so in the prescribed form. The purpose of this subsection is to ensure that the Commissioner keeps an oversight of when participants are to get the benefit of this protection. Subsection (2) provides that where the Commissioner has given such permission, the participant may lawfully claim that his/her new identity is his/her only identity.

It is proposed that the Act be part of a scheme of complementary Commonwealth State and Territory laws. Subsection 16(4) enables a participant not to have to reveal his/her former identity to a Commonwealth officer, if under complementary State/Territory legislation the Commissioner has approved that they are not required to do so.

Subsection 16(5) provides that regulations may be made for the issuing of a prescribed form by which the Commissioner may permit non-disclosure of former identities under subsections 16(1) and (4).

Details of the Regulations are:

Regulation 1: This regulation provides that the Regulations are to be cited as the Witness Protection Regulations.

Regulation 2: This regulation provides that the Regulations are to commence on 18 April 1995.

Regulation 3(1) and (2): This regulation provides that, unless a contrary intention is expressed "Act" means the Witness Protection Act 1994 (Regulation 3(1)). It also provides that in the Regulations, a reference to a Form by number is a reference to the Form so numbered in Schedule 1 (Regulation 3(2)).

Regulation 4(1) and (2): This regulation provides that Form 1 in the Schedule is the prescribed Form for subsection 16(1) of the Act (Regulation 4(1)). Form 2 in the Schedule is the prescribed Form for subsection 16(5) of the Act (Regulation 4(2)).