Victorian Current Acts

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WITNESS PROTECTION ACT 1991 - SECT 9

Effect of entries made under this Act

S. 9(1) amended by Nos 58/1996 s. 8(1)(c), 43/1996
s. 65(Sch. item 14.4).

    (1)     An entry made in the register of births or register of marriages under this Act has effect as if it were a valid entry made under the Births, Deaths and Marriages Registration Act 1996 .

S. 9(2) substituted by Nos 58/1996 s. 8(2), 31/2000 s. 11, amended by No. 43/2014 s. 14(1).

    (2)     An entry made in the register of births or register of marriages under this Act can be cancelled only if—

S. 9(2)(a) amended by No. 34/2016 s. 8.

        (a)     in the case of a witness who was a participant—the Supreme Court makes a court order on the application of the Chief Commissioner directing that the entry be cancelled;

        (b)     in the case of a witness who was a recognised participant—the Supreme Court makes a court order on the application of an approved authority directing that the entry be cancelled.

S. 9(3) inserted by No. 31/2000 s. 11.

    (3)     The Supreme Court may make an order under subsection (2) only if it is satisfied that the witness is no longer a participant or a recognised participant, as the case requires.

S. 9(4) inserted by No. 43/2014 s. 14(2), amended by No. 43/2014 s. 37(b).

    (4)     An order under subsection (2) must nominate a police officer or police officers or an officer or officers of the approved authority to cancel the entry.

S. 9(5) inserted by No. 43/2014 s. 14(2), amended by No. 43/2014 s. 37(b).

    (5)     The Registrar is required to give the police officer or police officers or officer or officers of the approved authority nominated in the order access to the register of births or register of marriages and to give any assistance that they may require to give effect to the order.

S. 9A inserted by No. 43/2014 s. 15.



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