Witness Protection (Amendment) Act 2000

i Witness Protection (Amendment) Act 2000 Act No. 31/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Principal Act 2 4. Amendment of Purpose 2 5. Definitions 2 6. Approved authorities able to make new entry in the register of births or register of marriages 3 7. Memorandum of understanding 3 8. Application for court order by approved authorities 3 9. Power of Supreme Court to make order extended to recognised participants 4 10. Effect of authorizing court order 4 11. Entries made under this Act to affect recognised participants 5 12. Disclosure offences to apply extraterritorially 5 13. Immunity from proceedings extends to officers of an approved authority 7 14. New section 15 substituted 7 15. Special provision in case of marriage 7 15. Arrangements with approved authorities 8 16. New section 21A inserted 9 21A. Approved authorities can only act under this Act if arrangements with Chief Commissioner are in place 9 17. Freedom of information 9 18. New section 24A inserted 9 24A. Double jeopardy 9 19. New section 25 substituted 10 25. Supreme Court—limitation of jurisdiction 10 20. Statute law revision 10 ═══════════════ NOTES 11 -- 1 of 12 -- 1 Witness Protection (Amendment) Act 2000† [Assented to 30 May 2000] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Witness Protection Act 1991— (a) to enable authorities from other jurisdictions to apply for Victorian identity documents for witnesses in their witness protection programs; Victoria No. 31 of 2000 -- 2 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 2 (b) to provide for the extraterritorial operation of offences regarding disclosure of information about witnesses. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act In this Act, the Witness Protection Act 1991 is called the Principal Act. 4. Amendment of Purpose In section 1 of the Principal Act, after "proceedings" insert "in Victoria or elsewhere in Australia". 5. Definitions In section 3 of the Principal Act, insert the following definitions— ' "officer of an approved authority" means— (a) in relation to an approved authority within the meaning of paragraph (a), (b) or (c) of the definition of "approved authority"—a person who is a member of the body of which the approved authority is Commissioner (however designated) or Chairman; (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 Victorian witness protection program; s. 2 No. 15/1991. Reprint No. 1 as at 3 April 1997. Further amended by Nos 43/1996 and 58/1996. -- 3 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 3 "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 Victorian witness protection program;'. 6. Approved authorities able to make new entry in the register of births or register of marriages In section 4(1) of the Principal Act, after "force" insert "or an officer of an approved authority". 7. Memorandum of understanding In section 5 of the Principal Act— (a) sub-section (1) is repealed; (b) in sub-section (1A), for "A memorandum of understanding" substitute "For the purposes of section 3B(2)(c), a memorandum of understanding between the Chief Commissioner of Police and a witness"; (c) in sub-section (2)(i), for "(h)" substitute "(g)". 8. Application for court order by approved authorities (1) In section 6(1) of the Principal Act, for "witness" (wherever occurring) substitute "participant". (2) After section 6(1) of the Principal Act insert— "(1A) An approved authority may apply to the Supreme Court for a court order authorizing a nominated officer or officers of the approved authority to make a new entry in the register of births or register of marriages in respect of a recognised participant or a recognised participant and specified members of the family of the recognised participant.". s. 6 -- 4 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 4 (3) In section 6(2) of the Principal Act, after "Police" insert "or an approved authority". 9. Power of Supreme Court to make order extended to recognised participants In section 7 of the Principal Act— (a) for paragraph (a) substitute— "(a) the person named in the application as a witness is a participant or a recognised participant; and"; (b) paragraph (c) is repealed; (c) in paragraph (d), after "understanding" insert "that the person has entered into under section 5 or under the provisions of a complementary witness protection law". 10. Effect of authorizing court order In section 8 of the Principal Act— (a) in paragraph (a), after "force" insert "or officer or officers of an approved authority"; (b) for paragraph (b) substitute— "(b) the Registrar is required to give the member or members of the police force or officer or officers of an approved authority nominated in the authorizing court order access to the register of births or register of marriages and to give such assistance as they may require; and"; (c) in paragraph (c), after "paragraph (a)" insert "by a member or members of the police force". s. 9 -- 5 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 5 11. Entries made under this Act to affect recognised participants In section 9 of the Principal Act, for sub-section (2) substitute— "(2) An entry made in the register of births or register of marriages under this Act can be cancelled by the Registrar only if— (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 of Police 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. (3) The Supreme Court may make an order under sub-section (2) only if it is satisfied that the witness is no longer a participant or a recognised participant, as the case requires.". 12. Disclosure offences to apply extraterritorially (1) In section 10 of the Principal Act— (a) in sub-section (1) for "Imprisonment for 10 years" substitute "Level 5 Imprisonment (Maximum 10 years)"; (b) in sub-section (2) after "Police" insert "or an approved authority or an officer of an approved authority"; (c) in sub-section (3)— s. 11 -- 6 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 6 (i) after "another person" insert ", in Victoria or elsewhere"; (ii) in paragraph (c) and (d), after "force" insert "or an approved authority or an officer of an approved authority"; (iii) for "Imprisonment for 5 years" substitute "Level 6 Imprisonment (Maximum 5 years)"; (d) in sub-section (4)(a), after "Police" insert "or an approved authority". (2) In section 10 of the Principal Act, for sub-section (5) substitute— "(5) A person must not, without lawful authority, disclose information in Victoria or elsewhere— (a) about the identity or location of a person who is or has been a participant; or (b) that compromises the security of such a person. Penalty: Level 5 Imprisonment (Maximum 10 years). (6) A person must not, without lawful authority, disclose information in Victoria— (a) about the identity or location of a person who is or has been a recognised participant; or (b) that compromises the security of such a person. Penalty: Level 5 Imprisonment (Maximum 10 years).". s. 12 -- 7 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 7 13. Immunity from proceedings extends to officers of an approved authority After section 12(1)(f) of the Principal Act insert— "; or (g) an officer of an approved authority.". 14. New section 15 substituted For section 15 of the Principal Act substitute— "15. Special provision in case of marriage If— (a) a participant or recognised participant who has been provided with a new identity under the Victorian witness protection program wishes to marry; and (b) the participant or recognised participant has given to the Chief Commissioner of Police or an approved authority evidence that satisfies the Chief Commissioner or approved authority— (i) that the participant or recognised participant is of marriageable age; and (ii) of the identity of the participant or recognised participant; and (c) in the case of a participant or recognised participant who has been married previously—the participant or recognised participant has given to the Chief Commissioner or approved authority evidence that satisfies the Chief Commissioner or approved s. 13 -- 8 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 8 authority that the previous spouse has died or that the marriage has been dissolved or annulled; and (d) the participant or recognised participant has given to the Chief Commissioner or approved authority a statutory declaration to the effect that there is no legal impediment to the marriage and the Chief Commissioner or approved authority is not aware of any legal impediment to the marriage— the Chief Commissioner or approved authority may give a certificate to a Registrar stating that the Chief Commissioner or approved authority has received the evidence referred to in paragraphs (b) and (c) and the statutory declaration referred to in paragraph (d).". 15. Arrangements with approved authorities After section 21(2)(d) of the Principal Act insert— "(e) must include requirements for the training of officers of the authority in the making of entries in the register of births and register of marriages to ensure that the integrity of those registers is maintained; (f) must include requirements on the authority to maintain records showing details of the original birth entry or original marriage entry of each person in respect of whom an entry is made under section 8(a) by an officer or officers of the authority.". s. 15 -- 9 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 9 16. New section 21A inserted After section 21 of the Principal Act insert— "21A. Approved authorities can only act under this Act if arrangements with Chief Commissioner are in place An approved authority or an officer of an approved authority may perform a function or exercise a power under this Act only if arrangements between the Chief Commissioner of Police and the approved authority under section 21 are in force.". 17. Freedom of information In section 24 of the Principal Act— (a) in paragraph (a)— (i) for sub-paragraph (i) substitute— "(i) the identity or location of a person who is, or has been, a participant or a recognised participant; or"; (ii) in sub-paragraph (iv), after "force" insert "or an approved authority or an officer of an approved authority"; (b) for "(d)" substitute "(b)". 18. New section 24A inserted After section 24 of the Principal Act insert— "24A. Double jeopardy If an act or omission is both an offence under this Act and an offence under a law of the Commonwealth, or of another State, or of a Territory, a person who— (a) is convicted of the offence under that law; or s. 16 -- 10 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 10 (b) is found by a court to have committed the offence under that law but is not convicted— is not liable to be proceeded against for the offence under this Act.". 19. New section 25 substituted For section 25 of the Principal Act substitute— "25. Supreme Court—limitation of jurisdiction It is the intention of section 12(3), as it applies to persons specified in section 12(1) as amended by section 13 of the Witness Protection (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975.". 20. Statute law revision In section 23 of the Principal Act, before "If" (where first occurring) insert "(1)". ═══════════════ s. 19 -- 11 of 12 -- Act No. 31/2000 Witness Protection (Amendment) Act 2000 11 NOTES † Minister's second reading speech— Legislative Assembly: 14 April 2000 Legislative Council: 10 May 2000 The long title for the Bill for this Act was "to amend the Witness Protection Act 1991 to enable authorities from other jurisdictions to apply for Victorian identity documents for witnesses in their witness protection programs, to provide for the extraterritorial operation of offences regarding disclosure of information about witnesses and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 4 April 2000 Legislative Council: 10 May 2000 Absolute majorities: Legislative Assembly: 10 May 2000 Legislative Council: 23 May 2000 Notes -- 12 of 12 --