(1) The Chief Commissioner may decide to provide alternative protection arrangements to a witness if—
(a) the witness agrees to the alternative protection arrangements; and
(b) the Chief Commissioner enters into a memorandum of understanding with the witness in accordance with section 9R.
(2) In deciding whether to provide alternative protection arrangements to a witness, the Chief Commissioner—
(a) must have regard to the matters referred to in section 3B(3)(a) to (g); and
(b) may have regard to any other matters that the Commissioner considers relevant.
Note
Under section 20M, in deciding whether to provide alternative protection arrangements to a witness, the Chief Commissioner also must take into consideration any recommendation or report of the Public Interest Monitor relating to the decision.
(3) If a witness has been offered alternative protection arrangements but has refused to sign a memorandum of understanding under section 9R to give effect to those arrangements, the Chief Commissioner must document the offer, the refusal of the offer and the terms of the memorandum of understanding.
S. 9Q inserted by No. 34/2016 s. 12.