Witness Protection Act 2000
An Act to make provision for matters relating to witness protection and for other purposes
[Royal Assent 16 June 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Witness Protection Act 2000 .
(1) This Act, except section 32 and Schedule 1, commences on a day to be proclaimed.(2) Section 32 and Schedule 1 commence on the day on which the Births, Deaths and Marriages Registration Act 1999 commences but, if this Act commences after the day on which the Births, Deaths and Marriages Registration Act 1999 commences, section 32 and Schedule 1 commence on the day on which this Act commences.
In this Act, unless the contrary intention appears –approved authority means –(a) the Commissioner of the Australian Federal Police; and(b) a Commissioner (however designated) of the police force, or police service, of another State; and(c) [Section 3 Amended by No. 2 of 2002, s. 25, Applied:30 May 2002] [Section 3 Amended by No. 26 of 2004, Sched. 2, Applied:01 Nov 2004] the Chief Executive Officer of the Australian Crime Commission; and(d) an authority or body of the Commonwealth or another State that –(i) is authorised to conduct inquiries or investigations in relation to conduct that constitutes, or is alleged to constitute, criminal conduct, misconduct or corruption; and(ii) is declared by the Minister, by notice published in the Gazette, to be an approved authority for the purposes of this Act;authorising court order means a court order authorising the making of an entry under this Act;complementary witness protection law means a law of the Commonwealth or another State that –(a) makes provision for the protection of witnesses; and(b) is declared by the Minister, by notice published in the Gazette, to be a complementary witness protection law;[Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] member of the family, in relation to a witness, includes the person with whom the witness is in a personal relationship, within the meaning of the Relationships Act 2003 ;officer of an approved authority means –(a) [Section 3 Amended by No. 26 of 2004, Sched. 2, Applied:01 Nov 2004] in relation to an approved authority within the meaning of paragraph (a) or (b) of the definition of "approved authority", a person who is a member of the body of which the approved authority is Commissioner (however designated);(ab) [Section 3 Amended by No. 26 of 2004, Sched. 2, Applied:01 Nov 2004] in relation to an approved authority within the meaning of paragraph (c) of the definition of "approved authority", a person who is a member of the staff of the Australian Crime Commission;(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 Tasmanian witness protection program;[Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]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 Tasmanian witness protection program;[Section 3 Amended by No. 26 of 2000, Sched. 1, Applied:01 Nov 2001] register of births means the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1999 ;[Section 3 Amended by No. 26 of 2000, Sched. 1, Applied:01 Nov 2001] register of marriages means the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1999 ;[Section 3 Amended by No. 26 of 2000, Sched. 1, Applied:01 Nov 2001] Registrar means the Registrar of Births, Deaths and Marriages;State includes Territory;Tasmanian witness protection program means the program established and maintained by the Commissioner of Police under section 4 ;witness means –(a) a person who has given, or agreed to give, evidence on behalf of the Crown in –(i) proceedings for an offence; or(ii) hearings or proceedings before an authority that is declared by the Minister, by notice published in the Gazette, to be an authority to which this paragraph applies; or(b) a person who has given, or agreed to give, evidence otherwise than as mentioned in paragraph (a) in relation to the commission or possible commission of an offence against a law of Tasmania, the Commonwealth or another State; or(c) [Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] a person who has made a statement to a police officer or an approved authority in relation to an offence against a law of Tasmania, the Commonwealth or another State; or(d) a person who, for any other reason, may require protection or other assistance under this Act.
4. Tasmanian witness protection program
(1) The Commissioner of Police, through the establishment and maintenance of a Tasmanian witness protection program, may take such action as he or she thinks necessary and reasonable to protect the safety and welfare of a witness or a member of the family of a witness.(2) The action referred to in subsection (1) may include –(a) applying for any document necessary –(i) to allow the witness or family member to establish a new identity; or(ii) otherwise to protect the witness or family member; and(b) relocating the witness or family member; and(c) providing accommodation for the witness or family member; and(d) providing transport for the property of the witness or family member; and(e) doing any other things that the Commissioner of Police considers necessary to ensure the safety of the witness or family member.(3) The Commissioner of Police must not obtain documentation for a witness or family member that represents that the witness or family member –(a) has a qualification that he or she does not have; or(b) is entitled to a benefit that he or she is not entitled to.
5. Inclusion in Tasmanian witness protection program
(1) The Commissioner of Police has the sole responsibility of deciding whether to include a witness in the Tasmanian witness protection program, including cases where an approved authority has requested that a witness be included in the program.(2) A witness may be included in the Tasmanian witness protection program only if –(a) the Commissioner has decided that the witness be included; and(b) the witness agrees to be included; and(c) the Commissioner enters into a memorandum of understanding with the witness in accordance with section 8 .
6. Special commercial arrangements by Commissioner
The Commissioner of Police may make commercial arrangements with a person under which a witness or a member of the family of a witness is able to obtain a benefit under a contract or arrangement without revealing his or her former identity.
7. Authority to make new entry in register of births or register of marriages
(1) [Section 7 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] A police officer or an officer of an approved authority authorised to do so under an authorising court order may cause the Registrar to make a new entry in the register of births or register of marriages for the purposes of this Act.(2) [Section 7 Subsection (2) amended by No. 26 of 2000, Sched. 1, Applied:01 Nov 2001] Section 54 of the Births, Deaths and Marriages Registration Act 1999 does not apply in respect of any statement or entry made for the purposes of this Act.
8. Memorandum of understanding
(1) For the purposes of section 5(2)(c) , a memorandum of understanding between the Commissioner of Police and a witness must –(a) set out the basis on which the witness is included in the Tasmanian witness protection program and details of the protection and assistance that are to be provided; and(b) contain a provision to the effect that protection and assistance under the program may be terminated if the witness breaches a term of the memorandum of understanding.(2) A memorandum of understanding may contain provisions relating to –(a) any outstanding legal obligations of the witness and how they are to be dealt with; and(b) any legal obligations that the witness may or may not enter into; and(c) the surrender and issue of passports; and(d) the issue of any documents relating to the new identity of the witness; and(e) the prohibition of the witness from engaging in specified activities; and(f) marriage, family maintenance, taxation, welfare or other social or domestic obligations or relationships; and(g) any other obligations of the witness; and(h) if a new identity is to be extended to any member of the family of the witness, provisions relating to paragraphs (a) , (b) , (c) , (d) , (e) , (f) and (g) in relation to each member of the family to the extent that such provisions are necessary; and(i) any other matter for which it may be necessary or convenient to make provision.(3) [Section 8 Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] A memorandum of understanding must contain a statement advising the witness of his or her right to complain to the Ombudsman about the conduct of a police officer in relation to the matters dealt with in the memorandum.(4) A memorandum of understanding must be signed –(a) by the witness; or(b) if the witness is under the age of 18, by a parent or guardian of the witness; or(c) if the witness otherwise lacks legal capacity to sign, by a guardian or other legal personal representative of the witness.(5) If –the Commissioner of Police may require the witness to sign the memorandum.(a) a parent or guardian of a witness has signed a memorandum of understanding because the witness was under the age of 18; and(b) the memorandum is still operating after the witness turns 18 –
9. Application for court order
(1) [Section 9 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] The Commissioner of Police may apply to the Supreme Court for a court order authorising a nominated police officer to cause the Registrar to make a new entry in the register of births or register of marriages in respect of a participant or a participant and specified members of the family of the participant.(2) An approved authority may apply to the Supreme Court for a court order authorising a nominated officer or officers of the approved authority to cause the Registrar 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.(3) The Commissioner of Police or an approved authority must provide such evidence as the Supreme Court may require so as to satisfy itself as to the matters specified in section 10 .
10. Power of Supreme Court to make order
The Supreme Court may make an authorising court order referred to in section 9 if it is satisfied that –(a) the person named in the application as a witness is a participant or a recognised participant; and(b) the life or safety of the person or of a member of his or her family may be endangered as a result of the person being a witness; and(c) the person is likely to comply with the memorandum of understanding that the person has entered into under section 8 or under the provisions of a complementary witness protection law.
11. Effect of authorising court order
On the making of an authorising court order under section 10 –(a) [Section 11 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] the police officer or officer or officers of an approved authority nominated in the authorising court order may cause the Registrar to make any entries in the register of births or register of marriages that are necessary to give effect to the order; and(b) the Commissioner of Police must 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 paragraph (a) .
12. Effect of entries made under this Act
(1) [Section 12 Subsection (1) substituted by No. 26 of 2000, Sched. 1, Applied:01 Nov 2001] 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 1999 .(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 Commissioner of Police directing that the entry be cancelled; or(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 subsection (2) only if it is satisfied that the witness is no longer a participant or a recognised participant, as the case requires.
13. Information not to be disclosed
(1) A person must not, either directly or indirectly, make a record of, disclose or communicate to another person any information relating to the making of an entry in the register of births or register of marriages under this Act, unless it is necessary to do so –(a) for the purposes of this Act; or(b) for the purposes of an investigation under this Act by the Ombudsman; or(c) to comply with an order of the Supreme Court.Penalty: Imprisonment for a term not exceeding 10 years.(2) Despite subsection (1) , the Commissioner of Police or an approved authority or an officer of an approved authority may disclose the former identity of a witness or a member of the family of a witness for the purpose of obtaining documents relating to the new identity of the witness or family member.(3) Subject to subsection (4) , a person who is or has been a witness or a member of the family of a witness must not, either directly or indirectly, disclose or communicate to another person in Tasmania or elsewhere –(a) the fact that he or she or a member of his or her family has entered into a memorandum of understanding under section 8 ; or(b) details of the memorandum of understanding; or(c) [Section 13 Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] information relating to anything done by a police officer or an approved authority or an officer of an approved authority under this Act; or(d) [Section 13 Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] information about any police officer or an approved authority or an officer of an approved authority gained by the person as a result of anything done under this Act.Penalty: Imprisonment for a term not exceeding 5 years.(4) Subsection (3) does not apply to a disclosure or communication –(a) that has been authorised by the Commissioner of Police or an approved authority; or(b) that is necessary for the purposes of an investigation under this Act by the Ombudsman; or(c) that is necessary to comply with an order of the Supreme Court.(5) A person must not, without lawful authority, disclose information in Tasmania 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: Imprisonment for a term not exceeding 10 years.(6) A person must not, without lawful authority, disclose information in Tasmania –(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: Imprisonment for a term not exceeding 10 years.
14. Offences in relation to documents
(1) During the period that an entry made in the register of births or register of marriages under this Act continues in force, a person in respect of whom the entry is made must not use or obtain any document issued by the Registrar which is based on the previous entry.Penalty: Fine not exceeding 10 penalty units.(2) If an entry made in the register of births or register of marriages under this Act is cancelled, the Registrar must serve on the person in respect of whom the entry was made notice that the entry has been cancelled.(3) A person who has been notified under subsection (2) must, within 14 days of being notified, return to the Registrar any document issued by the Registrar which is based on that entry and which is in the person's possession.Penalty: Fine not exceeding 10 penalty units.
(1) This section applies to any person who is or has been –(a) the Registrar; or(b) a person appointed, employed or authorised under section 3, 4, 5 or 6 of the Registration of Births and Deaths Act 1895 ; or(ba) [Section 15 Subsection (1) amended by No. 26 of 2000, Sched. 1, Applied:01 Nov 2001] a person appointed pursuant to section 6 of the Births, Deaths and Marriages Registration Act 1999 ; or(c) [Section 15 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] a police officer; or(d) [Section 15 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] . . . . . . . .(e) the Ombudsman; or(f) an officer of an approved authority.(2) Unless the Supreme Court makes a court order which provides to the contrary, or the proceedings relate to an offence under this Act, a person to whom this section applies cannot be required in any proceedings in any court or tribunal to produce any document or to divulge or communicate any matter or thing relating to the performance of his or her duties in accordance with this Act.(3) No action or proceedings can be brought against any person to whom this section applies in respect of any act, matter or thing done by that person in the course of his or her duties in accordance with this Act.(4) [Section 15 Subsection (4) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Nothing in this section prevents the Ombudsman from investigating a complaint in relation to the conduct of a police officer in relation to this Act.
16. Court proceedings under this Act to be closed
Proceedings for an order under section 10 or 12 are to be heard in a closed court or in a court in which only persons or classes of persons specified by the court are present.
17. Certain provisions of Registration of Births and Deaths Act 1895 and Marriages Registration Act 1962 excluded
[Section 17 Amended by No. 26 of 2000, Sched. 1, Applied:01 Nov 2001] Part 4 and section 42(3) of the Births, Deaths and Marriages Registration Act 1999 do not apply to or in respect of any entry made in the register of births or register of marriages, or to any proceedings taken, under this Act.
18. Special provision in case of marriage
If –the Commissioner or approved authority may give a certificate to the Registrar stating that the Commissioner or approved authority has received the evidence referred to in paragraphs (b) and (c) and the statutory declaration referred to in paragraph (d) .(a) a participant or recognised participant who has been provided with a new identity under the Tasmanian witness protection program wishes to marry; and(b) the participant or recognised participant has given to the Commissioner of Police or an approved authority evidence that satisfies the 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 Commissioner or approved authority evidence that satisfies the Commissioner or approved 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 Commissioner or approved authority a statutory declaration to the effect that there is no legal impediment to the marriage and the Commissioner or approved authority is not aware of any legal impediment to the marriage –
19. Termination of protection and assistance
(1) Protection and assistance provided to a person under the Tasmanian witness protection program must be terminated by the Commissioner of Police if the person requests in writing that it be terminated.(2) Protection and assistance provided to a person under the Tasmanian witness protection program may be terminated by the Commissioner of Police if –and the Commissioner is of the opinion that, in the circumstances, the protection and assistance should be terminated.(a) the person deliberately breaches a term of the memorandum of understanding or a requirement or undertaking relating to the program; or(b) the person's conduct or threatened conduct is, in the opinion of the Commissioner, likely to threaten the security or compromise the integrity of the program; or(c) the circumstances that gave rise to the need for protection and assistance for the person cease to exist –
20. Notice of involuntary termination, review and appeal
(1) If the Commissioner of Police decides under section 19(2) to terminate protection and assistance to a person, he or she must –(a) take reasonable steps to notify the person of the decision; and(b) notify the relevant approved authority (if any) of the decision.(2) Within 28 days after receiving notification under subsection (1)(a) , the person may apply in writing to the Commissioner for a review of the decision.(3) If an application is made under subsection (2) , the Commissioner –(a) must review the decision and give the person a reasonable opportunity to state his or her case; and(b) after the review, must confirm or reverse the decision; and(c) must inform the person in writing of the result of the review.(4) If the Commissioner confirms the decision, he or she must inform the person –(a) of the reasons for the confirmation; and(b) of the person's right to appeal under subsection (5) .(5) Within 3 days after being informed of the confirmation of a decision to terminate protection and assistance, a person may appeal to the Ombudsman.(6) The Ombudsman –(a) must determine an appeal under subsection (5) within 14 days after receiving it; and(b) in doing so, may make any decision that could have been made by the Commissioner.
21. When does involuntary termination take effect?
(1) A decision of the Commissioner of Police under section 19(2) to terminate protection and assistance to a person –(a) if the person's location is not known and the Commissioner has taken reasonable steps to notify the person of the decision but has been unable to do so, takes effect at the end of the period of 28 days after those steps were commenced; or(b) if the person does not apply for a review of the decision in accordance with section 20(2) , takes effect at the end of the period of 28 days after the person receives the notification; or(c) if the person applies for a review of the decision in accordance with section 20(2) and the Commissioner notifies the person that the decision has been reversed, has no effect; or(d) if the person applies for a review of the decision in accordance with section 20(2) , the Commissioner notifies the person that the decision has been confirmed and the person does not appeal to the Ombudsman under section 20(5) , takes effect on the expiration of 3 days after the Commissioner notifies the person of the confirmation of the decision; or(e) if the person appeals to the Ombudsman, has no effect.(2) A decision of the Ombudsman under section 20(6) that protection and assistance to a person be terminated takes effect when the Ombudsman serves on the person notice of the decision.
22. Restoration of former identity
(1) If –the Commissioner of Police, if he or she considers it appropriate to do so, may take such action as is necessary to restore the person's former identity.(a) a person has been provided with a new identity under the Tasmanian witness protection program; and(b) protection and assistance to the person under the program are terminated –(2) The Commissioner must –(a) notify the Registrar of a decision under subsection (1) ; and(b) take reasonable steps to notify the person of such a decision.(3) If the Commissioner decides to take action to restore a person's identity, the person may apply in writing to the Commissioner for a review of the decision.(4) If an application is made under subsection (3) , the Commissioner –(a) must review the decision and give the person a reasonable opportunity to state his or her case; and(b) after the review, must confirm or reverse the decision; and(c) must inform the person in writing of the result of the review.(5) If the Commissioner confirms the decision, he or she must inform the person –(a) of the reasons for the confirmation; and(b) of the person's right to appeal under subsection (6) .(6) Within 3 days after being informed of the confirmation of a decision to take action to restore a person's former identity, the person may appeal to the Ombudsman.(7) The Ombudsman –(a) must determine an appeal under subsection (6) within 14 days after receiving it; and(b) in doing so, may make any decision that could have been made by the Commissioner.(8) If the Commissioner –the person must not, without reasonable excuse, refuse or fail to return those documents to the Commissioner within 14 days after receiving the notice.(a) takes action under this section to restore a person's former identity; and(b) notifies the person in writing that the person is required to return to the Commissioner all documents provided to the person that relate to the new identity provided under the Tasmanian witness protection program –Penalty: Fine not exceeding 10 penalty units.
23. When does a decision to restore a person's former identity take effect?
(1) A decision of the Commissioner of Police under section 22 to take action to restore a person's former identity –(a) if the person's location is not known and the Commissioner has taken reasonable steps to notify the person of the decision but has been unable to do so, takes effect at the end of the period of 28 days after those steps were commenced; or(b) if the person does not apply for a review of the decision in accordance with section 22(3) , takes effect at the end of the period of 28 days after the person receives the notification; or(c) if the person applies for a review of the decision in accordance with section 22(3) and the Commissioner notifies the person that the decision has been reversed, has no effect; or(d) if the person applies for a review of the decision in accordance with section 22(3) , the Commissioner notifies the person that the decision has been confirmed and the person does not appeal to the Ombudsman under section 22(6) , takes effect on the expiration of 3 days after the Commissioner notifies the person of the confirmation of the decision; or(e) if the person appeals to the Ombudsman, has no effect.(2) A decision of the Ombudsman under section 22(7) that action be taken to restore a person's former identity takes effect when the Ombudsman serves on the person notice of the decision.
24. Arrangements with approved authorities
(1) The Commissioner of Police may make arrangements with an approved authority about any matter in connection with the administration of a complementary witness protection law.(2) Without limiting the coverage of those arrangements, they –(a) [Section 24 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] may provide for a police officer to perform functions or exercise powers conferred by a complementary witness protection law; and(b) must include procedures under which the approved authority shares with the State the costs incurred under those arrangements; and(c) may provide for the approved authority to make available to the Commissioner of Police such statements, transcripts of evidence and other documents as will assist the Commissioner in deciding –(i) whether to provide protection or assistance to a person under this Act; and(ii) what protection and assistance is appropriate for a person; and(d) may confer powers and functions under complementary witness protection laws on the Commissioner of Police.
25. Approved authorities can only act under this Act if arrangements with Commissioner of Police are in force
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 Commissioner of Police and the approved authority under section 24 are in force.
26. Authorisation of approved authorities
(1) The Minister, by notice published in the Gazette, may authorise an approved authority to perform functions or exercise powers conferred on the Commissioner of Police under this Act for the purposes of any arrangement entered into by the Commissioner under section 24 or the corresponding provision of a complementary witness protection law.(2) [Section 26 Subsection (2) amended by No. 26 of 2004, Sched. 2, Applied:01 Nov 2004] If a notice has been published under subsection (1) in relation to an approved authority within the meaning of paragraph (a) or (b) of the definition of approved authority in section 3 –(a) [Section 26 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 26 Subsection (2) amended by No. 26 of 2004, Sched. 2, Applied:01 Nov 2004] for the purposes of an arrangement referred to in subsection (1) , a person who is a member of the body of which the approved authority is Commissioner (however designated) may perform any function or exercise any power conferred on a police officer under this Act; and(b) [Section 26 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] the provisions of this Act apply to the person as if he or she were a police officer.(2A) [Section 26 Subsection (2A) inserted by No. 26 of 2004, Sched. 2, Applied:01 Nov 2004] If a notice has been published under subsection (1) in relation to an approved authority within the meaning of paragraph (c) of the definition of "approved authority" in section 3 –(a) for the purposes of an arrangement referred to in subsection (1) , a person who is a member of the staff of the Australian Crime Commission may perform any function or exercise any power conferred on a police officer under this Act; and(b) the provisions of this Act apply to the person as if he or she were a police officer.(3) If a notice has been published under subsection (1) in relation to an approved authority within the meaning of paragraph (d) of the definition of approved authority in section 3 –(a) [Section 26 Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] for the purposes of an arrangement referred to in subsection (1) , a person who is a member or an officer of the approved authority may perform any function or exercise any power conferred on a police officer under this Act; and(b) [Section 26 Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] the provisions of this Act apply to the person as if he or she were a police officer.
26A. Arrangements for Commonwealth identity documents
[Section 26A Inserted by No. 31 of 2007, s. 4, Applied:28 Sep 2007](1) The Minister may enter into an arrangement with the Minister responsible for the administration of the Witness Protection Act 1994 of the Commonwealth about any matter in connection with the issue of Commonwealth identity documents, within the meaning of that Act, for the purposes of the Tasmanian witness protection program.(2) Without limiting the matters to which an arrangement under subsection (1) may relate, an arrangement may relate to –(a) procedures to be adopted for requesting the issue of Commonwealth identity documents for the purposes of the Tasmanian witness protection program; and(b) guidelines for the issue of those documents and other documents.
27. Provision of information to approved authorities
(1) If –the Commissioner of Police may do any or all of the things in subsection (2) .(a) a person has been provided with a new identity or relocated under this Act; and(b) an approved authority notifies the Commissioner of Police that the person is under investigation for, or has been arrested for or is charged with, an offence against a law of the Commonwealth or another State the maximum penalty for which is or includes imprisonment for a term of more than one year –(2) If subsection (1) applies, the Commissioner of Police may do any or all of the following things:(a) release to the approved authority the person's new identity or location;(b) provide the approved authority with the person's criminal record and fingerprints;(c) release to the approved authority such other information relating to the person as the Commissioner considers appropriate in the circumstances;(d) [Section 27 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] if the Commissioner considers it appropriate in the circumstances, allow officers of the approved authority to interview a police officer in relation to the person.
28. Right to Information Act 2009 not to apply
[Section 28 Amended by No. 54 of 2009, Sched. 1, Applied:01 Jul 2010] The Right to Information Act 2009 does not apply to –(a) a document, whether created before, on or after the commencement of this section, to the extent that the document discloses information about –(i) the identity or location of a person who is, or has been, a participant or a recognised participant; or(ii) the fact that a person has entered into a memorandum of understanding under section 8 or the details of a memorandum of understanding; or(iii) the making of an entry in the register of births or register of marriages under this Act; or(iv) [Section 28 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] anything done by a police officer or an approved authority or an officer of an approved authority under this Act or a complementary witness protection law; or(b) a document to the extent that the document discloses any information received by the Commissioner of Police from an approved authority under this Act or a complementary witness protection law.
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, a person who –is not liable to be proceeded against for the offence under this Act.(a) is convicted of the offence under that law; or(b) is found by a court to have committed the offence under that law but is not convicted –
(1) The Governor may make regulations for the purposes of this Act.(2) Regulations made under this Act may –(a) authorise any matter to be determined, applied or regulated by the Commissioner of Police; and(b) be made subject to conditions or so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Police and Public Safety; and(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Police and Public Safety.
[Section 31A Inserted by No. 26 of 2004, Sched. 2, Applied:01 Nov 2004] Arrangements that were in force between the Commissioner of Police and the Chair of the National Crime Authority under section 24 immediately before 1 January 2003 continue in force for the purposes of this Act as if they were arrangements made by the Commisioner of Police with the Chief Executive Officer of the Australian Crime Commission.
See Schedule 1 .
SCHEDULE 1 - Amendments to this ActThe amendments effected by Section 32 and this Schedule have been incorporated into authorised versions of the following Acts:
(a) Births, Deaths and Marriages Registration Act 1999 ;(b) Marriages Registration Act 1962 ;(c) Registration of Births and Deaths Act 1895 ;(d) Witness Protection Act 2000 .