Victorian Current Acts

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WITNESS PROTECTION ACT 1991 - SECT 9A

Dealing with rights and obligations of participants

    (1)     If a participant has any outstanding rights or obligations or is subject to any restrictions, the Chief Commissioner must take any action that is reasonably practicable to ensure that—

        (a)     those rights or obligations are dealt with according to law; and

        (b)     the person complies with those restrictions.

    (2)     That action may include—

        (a)     providing protection for the participant while the participant is attending court; and

S. 9A(2)(b) amended by No. 43/2014 s. 37(c).

        (b)     notifying a party or possible party to legal proceedings that the Chief Commissioner will accept process issued by a court or tribunal on behalf of the participant, and nominating a police officer for that purpose.

    (3)     The Chief Commissioner must give written notice to a participant who has been provided with a new identity under the Victorian witness protection program if the Chief Commissioner is satisfied that the participant is using the new identity to—

        (a)     avoid obligations that were incurred before the new identity was established; or

        (b)     avoid complying with restrictions that were imposed on the person before the new identity was established.

    (4)     The notice must state

        (a)     that the Chief Commissioner is satisfied of the matter specified in subsection (3)(a) or (b) (as the case requires); and

        (b)     that, unless the participant satisfies the Chief Commissioner that the obligations will be dealt with according to law or the restrictions will be complied with, the Chief Commissioner will take any action he or she considers reasonably necessary to ensure that they are dealt with according to law or complied with.

    (5)     That action may include informing a person who is seeking to enforce rights against the participant of the details of any property (whether real or personal) owned by the participant under his or her original identity or a former identity acquired under this Act.

S. 9B inserted by No. 43/2014 s. 15.



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