Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Section 3 (paragraph (b) of the definition of complementary witness protection law )
Omit "by the Minister by notice published in the Gazette ", substitute "under section 3AA".
2 Section 3
Insert:
"current NWPP identity" , in relation to a participant at a particular time, means an identity:
(a) provided to the participant under the NWPP; and
(b) being used by the participant at that time.
3 Section 3
Insert:
"former NWPP identity" , in relation to a participant at a particular time, means an identity that:
(a) was provided to the person under the NWPP before that time; and
(b) is not the participant's current NWPP identity at that time.
4 Section 3
Insert:
"former participant" means a person who has ceased to be included in the NWPP.
5 Section 3
Insert:
"Immigration" Secretary means the Secretary of the Department administered by the Minister who administers the Migration Act 1958 .
6 Section 3
Insert:
"information" , in relation to the identity of a person includes, but is not limited to, information about one or more of the following in relation to the person:
(a) appearance;
(b) voice quality or accent;
(c) mannerisms;
(d) address or location;
(e) particular skills and qualifications;
(f) personal history.
7 Section 3
Insert:
"original identity" , in relation to a participant, means the identity of the participant at the time immediately before he or she was first provided with an identity under the NWPP.
8 Section 3 (definition of participant )
Repeal the definition, substitute:
"participant" means a person included in the NWPP and, unless the contrary intention appears, includes a former participant.
9 Section 3
Insert:
"State offence that has a federal aspect" has the meaning given by section 3AB.
10 Section 3
Insert:
"State participant" means a participant:
(a) in relation to a State offence that has a federal aspect; or
(b) in relation to a State offence that does not have a federal aspect; or
(c) in relation to a commission or inquiry under a law of a State.
11 Section 3
Insert:
"Territory participant" means a participant:
(a) in relation to an offence against a law of a Territory; or
(b) in relation to a commission or inquiry under a law of a Territory.
12 Section 3 (paragraph (e) of the definition of witness )
Omit "such a person", substitute "a person referred to in paragraph (a), (b), (c) or (d)".
13 After section 3
Insert:
3AA Declaration of complementary witness protection law
For the purposes of this Act, the Minister may, by legislative instrument, declare a law of a State or Territory to be a complementary witness protection law .
3AB State offence that has a federal aspect
An offence against a law of a State is taken, for the purposes of this Act, to be a State offence that has a federal aspect :
(a) in a case where the offence is being investigated by the Australian Federal Police--if it would be taken to be a State offence that has a federal aspect under section 4AA of the Australian Federal Police Act 1979 ; and
(b) in a case where the offence is being investigated by the Australian Crime Commission--if it would be taken to be a State offence that has a federal aspect under section 4A of the Australian Crime Commission Act 2002 ; and
(c) in any other case--if it would be taken to be a State offence that has a federal aspect if either of the sections referred to in paragraphs (a) and (b) were to apply.
14 At the end of section 8
Add:
(6) In this section:
"participant" does not include a former participant.
15 At the end of section 9
Add:
(8) In this section:
"participant" does not include a former participant.
(9) To avoid doubt, subsection (8) does not affect any obligation of a former participant under a memorandum of understanding if the obligation continues (whether expressly or impliedly) to have effect after the former participant ceased to be included in the NWPP.
16 Paragraph 11(3)(b)
After "name", insert "for each new identity".
17 Paragraph 11(3)(e)
Repeal the paragraph, substitute:
(e) in the case of a former participant--the date on which the person became a former participant.
18 Paragraph 11(5)(d)
Omit "19(2)", substitute "19(6)".
19 At the end of section 11
Add:
(6) In this section, participant and former participant do not include a person who is a former participant only because of the operation of subsection 13(6).
20 Paragraph 13(2)(b)
Repeal the paragraph, substitute:
(b) permitting persons who hold or occupy designated positions to acquire and use assumed identities in accordance with Part IAC of the Crimes Act 1914 ; and
Note: The heading to section 13 is replaced by the heading " Action to protect witnesses, participants and former participants etc. ".
21 Paragraph 13(3)(b)
Omit "be entitled if the witness were not included in the NWPP", substitute "otherwise be entitled".
22 At the end of section 13
Add:
(5) The Commissioner may take the actions referred to in subsections (1) and (2) in respect of a former participant, or any other person whose relationship with the former participant is such that the Commissioner is satisfied that it is appropriate to take those actions, as if the former participant or other person were a witness included in the NWPP, if:
(a) the Commissioner considers the actions necessary and reasonable for the protection of the former participant or the other person; and
(b) the Commissioner has assessed the suitability of taking the actions in respect of the former participant or the other person.
(6) If the Commissioner takes action under subsection (5) in respect of a person other than a former participant, this Act applies to the person as if the person were a former participant.
(7) When the Commissioner first takes action under subsection (5) in respect of a former participant who was a participant under section 10 or 10A, the Commissioner must give the Immigration Secretary, or an officer nominated by that Secretary, written notice that he or she has taken that action.
23 Subparagraph 14(b)(ii)
Before "identity", insert "original".
24 Subsection 15(5)
Omit "former identity", substitute "original identity or a former NWPP identity".
25 Paragraph 16(1)(a)
Omit "former", substitute "original identity or a former NWPP".
26 Paragraph 16(1)(b)
Omit "his or her former", substitute "the original identity or the former NWPP".
27 Subsection 16(1)
Omit "his or her former" (third occurring), substitute "the original identity or the former NWPP".
28 Subsection 16(2)
Omit "former", substitute "original identity or any former NWPP".
29 Subsection 16(2)
Omit "new", substitute "current NWPP".
30 Subsection 16(4)
Omit "former" (wherever occurring), substitute "original identity or any former NWPP".
31 Subsection 16(6)
Repeal the subsection.
32 Section 17
Omit "former identity", substitute "original identity or any former NWPP identity".
33 Subsection 18(1)
Omit "Protection and assistance provided under the NWPP to a participant", substitute "A participant's inclusion in the NWPP".
Note 1: The heading to section 18 is replaced by the heading " Termination of inclusion in NWPP and other protection and assistance ".
Note 2: The following heading to subsection 18(1) is inserted " Termination of inclusion in NWPP ".
34 Subparagraph 18(1)(b)(iv)
Omit "protection and assistance for the participant", substitute "the participant's inclusion in the NWPP".
35 Subsection 18(1)
Omit "the protection and assistance should", substitute "the participant's inclusion in the NWPP should".
36 Subsection 18(2)
Omit "that protection and assistance provided under the NWPP to a participant be terminated", substitute "that a participant's inclusion in the NWPP be terminated (the termination decision )".
37 After subsection 18(2)
Insert:
Termination of protection and assistance to former participants etc.
(2A) Protection and assistance provided under subsection 13(5) to a person (including a former participant):
(a) must be terminated by the Commissioner if the person requests in writing that it be terminated; or
(b) may be terminated by a Deputy Commissioner if:
(i) the Deputy Commissioner discovers that the person had knowingly given information to the Commissioner that is false or misleading in a material particular; or
(ii) the person's conduct or threatened conduct is, in the opinion of the Deputy Commissioner, likely to compromise the integrity of the NWPP; or
(iii) the circumstances that gave rise to the need for protection and assistance for the person cease to exist; or
(iv) the person deliberately breaches an undertaking given to the Commonwealth, a State or a Territory that is relevant to the provision of that protection and assistance; or
(v) there is, in the opinion of the Deputy Commissioner, no reasonable justification for protection and assistance to continue to be provided to the person;
and the Deputy Commissioner is of the opinion that, in the circumstances of the case, the protection and assistance should be terminated.
(2B) If a Deputy Commissioner makes a decision under paragraph (2A)(b) that protection and assistance provided to a person be terminated (the termination decision ), the Deputy Commissioner must take reasonable steps to notify the person of the decision.
38 Subsection 18(3)
Omit "participant who receives such a notification", substitute "person who receives notification of a termination decision".
Note: The following heading to subsection 18(3) is inserted " Review ".
39 Paragraphs 18(4)(b) and (c)
Omit "participant" (wherever occurring), substitute "person".
40 Subsection 18(5)
Omit "A decision of a Deputy Commissioner under paragraph (1)(b) that protection and assistance provided under the NWPP to a participant be terminated", substitute "A termination decision that relates to a person".
Note: The following heading to subsection 18(5) is inserted " When termination decisions take effect ".
41 Subparagraph 18(5)(a)(i)
Omit "participant's", substitute "person's".
42 Subparagraph 18(5)(a)(ii)
Omit "participant", substitute "person".
43 Paragraphs 18(5)(b), (c), (d) and (e)
Omit "participant" (wherever occurring), substitute "person".
44 Subsection 18(6)
Repeal the subsection, substitute:
Notification of Immigration Secretary
(6) If:
(a) a Deputy Commissioner makes a termination decision in relation to a person; and
(b) the person was at any time a participant under section 10 or 10A;
the Commissioner must give the Immigration Secretary, or an officer nominated by that Secretary, written notice of that decision.
45 At the end of section 18
Add:
(7) In this section:
"participant" does not include a former participant.
46 Subsection 19(1)
Repeal the subsection, substitute:
(1) If a participant has been provided with a new identity under the NWPP, a Deputy Commissioner may, if he or she considers it appropriate to do so, take such action as is necessary to restore the original identity or any former NWPP identity of the participant.
47 Subsection 19(2)
Omit "former".
48 Subsection 19(3)
Omit "former participant's former identity, the former", substitute "original identity or any former NWPP identity of the participant, the".
49 Subsections 19(5) and (6)
Repeal the subsections, substitute:
(5) If the Commissioner or a Deputy Commissioner takes action under this section to restore the original identity or any former NWPP identity of a Commonwealth participant, a State participant or a Territory participant, the Commissioner or a Deputy Commissioner may give a notice to the participant under subsection (6).
(6) The notice:
(a) must be in writing; and
(b) must require the participant to return to the Commissioner, within 10 days of the giving of the notice, all documents provided to the participant that relate to:
(i) the participant's current NWPP identity; and
(ii) any former NWPP identity of the participant that is not being restored.
(7) A person commits an offence if:
(a) the person is given a notice under subsection (6); and
(b) the person refuses or fails to comply with the notice.
Penalty: 10 penalty units.
50 Paragraph 20(c)
Omit "new identity or new location", substitute "current NWPP identity or current location".
51 Section 21
After "conferred", insert ", or the performance or purported performance of a function conferred or a duty imposed,".
52 Section 22
Repeal the section, substitute:
22 Offences relating to Commonwealth or Territory participants
Disclosure of information about Commonwealth or Territory participant
(1) A person commits an offence if:
(a) the person discloses information about an individual; and
(b) the individual is a participant; and
(c) the individual is a Commonwealth participant or a Territory participant; and
(d) either or both of the following apply:
(i) the individual has a current NWPP identity at the time the information is disclosed and the information is about the original identity or a former NWPP identity of the individual;
(ii) there is a risk that disclosure of the information will reveal that the individual is a participant.
Penalty: Imprisonment for 2 years.
Disclosure of information about individual undergoing assessment as Commonwealth or Territory participant
(2) A person commits an offence if:
(a) the person discloses information about an individual; and
(b) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed; and
(c) if the individual were included in the NWPP following that assessment, the individual would be a Commonwealth participant or a Territory participant; and
(d) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment.
Penalty: Imprisonment for 2 years.
Disclosure of information that may compromise security of Commonwealth or Territory participant
(3) A person commits an offence if:
(a) the person discloses information about an individual; and
(b) the individual is a participant; and
(c) the individual is a Commonwealth participant or a Territory participant; and
(d) either or both of the following apply:
(i) the individual has a current NWPP identity at the time the information is disclosed and the information is about the original identity or a former NWPP identity of the individual;
(ii) there is a risk that disclosure of the information will reveal that the individual is a participant; and
(e) there is a risk that disclosure of the information will compromise the security of the individual.
Penalty: Imprisonment for 10 years.
Disclosure of information that may compromise security of individual undergoing assessment as Commonwealth or Territory participant
(4) A person commits an offence if:
(a) the person discloses information about an individual; and
(b) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed; and
(c) if the individual were included in the NWPP following that assessment, the individual would be a Commonwealth participant or a Territory participant; and
(d) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment; and
(e) there is a risk that disclosure of the information will compromise the security of the individual.
Penalty: Imprisonment for 10 years.
(5) Subsections (1), (2), (3) and (4) do not apply to a disclosure by a person if:
(a) the person has been authorised by the Commissioner to make the disclosure; or
(b) the disclosure is made for the purpose of making a complaint, or providing information, to the Ombudsman under the Ombudsman Act 1976 ; or
(c) the disclosure is made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006 , an allegation or information that raises a corruption issue; or
(d) the disclosure is made for the purpose of:
(i) giving information that raises an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979 ); or
(ii) investigating or resolving an AFP conduct or practices issue under Part V of that Act.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code ).
(6) Absolute liability applies to paragraphs (1)(c), (2)(c), (3)(c) and (4)(c).
Note: For absolute liability, see section 6.2 of the Criminal Code .
(7) To avoid doubt, a person may be convicted of an offence against subsection (1), (2), (3) or (4) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually have that effect.
22A Offences relating to State participants
Disclosure of information about State participant
(1) A person commits an offence if:
(a) the person is:
(i) a Commonwealth officer; or
(ii) a Commonwealth participant; or
(iii) a State participant; or
(iv) a Territory participant; or
(v) any other person; and
(b) the person discloses information about an individual; and
(c) the individual is a participant; and
(d) the individual is a State participant; and
(e) either or both of the following apply:
(i) the individual has a current NWPP identity at the time the information is disclosed and the information is about the original identity or a former NWPP identity of the individual;
(ii) there is a risk that disclosure of the information will reveal that the individual is a participant; and
(f) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)--there is a risk that disclosure of the information will adversely affect the integrity of the NWPP.
Penalty: Imprisonment for 2 years.
Disclosure of information about individual undergoing assessment as State participant
(2) A person commits an offence if:
(a) the person is:
(i) a Commonwealth officer; or
(ii) a Commonwealth participant; or
(iii) a State participant; or
(iv) a Territory participant; or
(v) any other person; and
(b) the person discloses information about an individual; and
(c) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed; and
(d) if the individual were included in the NWPP following that assessment, the individual would be a State participant; and
(e) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment; and
(f) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)--there is a risk that disclosure of the information will adversely affect the integrity of the NWPP.
Penalty: Imprisonment for 2 years.
Disclosure of information that may compromise security of State participant
(3) A person commits an offence if:
(a) the person is:
(i) a Commonwealth officer; or
(ii) a Commonwealth participant; or
(iii) a State participant; or
(iv) a Territory participant; or
(v) any other person; and
(b) the person discloses information about an individual; and
(c) the individual is a participant; and
(d) the individual is a State participant; and
(e) either or both of the following apply:
(i) the individual has a current NWPP identity at the time the information is disclosed and the information is about the original identity or a former NWPP identity of the individual;
(ii) there is a risk that disclosure of the information will reveal that the individual is a participant; and
(f) there is a risk that disclosure of the information will compromise the security of the individual; and
(g) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)--there is a risk that the disclosure of the information will adversely affect the integrity of the NWPP.
Penalty: Imprisonment for 10 years.
Disclosure of information that may compromise security of individual undergoing assessment as State participant
(4) A person commits an offence if:
(a) the person is:
(i) a Commonwealth officer; or
(ii) a Commonwealth participant; or
(iii) a State participant; or
(iv) a Territory participant; or
(v) any other person; and
(b) the person discloses information about an individual; and
(c) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed; and
(d) if the individual were included in the NWPP following that assessment, the individual would be a State participant; and
(e) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment; and
(f) there is a risk that disclosure of the information will compromise the security of the individual; and
(g) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)--there is a risk that disclosure of the information will adversely affect the integrity of the NWPP.
Penalty: Imprisonment for 10 years.
(5) Subsections (1), (2), (3) and (4) do not apply to a disclosure by a person if:
(a) the person has been authorised by the Commissioner to make the disclosure; or
(b) the disclosure is made for the purpose of making a complaint, or providing information, to the Ombudsman under the Ombudsman Act 1976 ; or
(c) the disclosure is made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006 , an allegation or information that raises a corruption issue; or
(d) the disclosure is made for the purpose of:
(i) giving information that raises an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979 ); or
(ii) investigating or resolving an AFP conduct or practices issue under Part V of that Act.
Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code ).
(6) Absolute liability applies to paragraphs (1)(d), (2)(d), (3)(d) and (4)(d).
Note: For absolute liability, see section 6.2 of the Criminal Code .
(7) To avoid doubt, a person may be convicted of an offence against subsection (1), (2), (3) or (4) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually have that effect.
22B Offences relating to disclosure of information about the NWPP
Disclosures by participants and persons undergoing assessment
(1) A person commits an offence if:
(a) the person is, or is undergoing or has undergone assessment for inclusion in the NWPP as, one of the following:
(i) a Commonwealth participant;
(ii) a Territory participant;
(iii) a State participant; and
(b) the person discloses any of the following:
(i) the fact that he or she is such a participant, or is undergoing or has undergone such assessment;
(ii) information about the way in which the NWPP operates;
(iii) information about the Commissioner, a Deputy Commissioner, any AFP employee or any special member of the Australian Federal Police who is or has been involved in the NWPP;
(iv) the fact that he or she has signed a memorandum of understanding;
(v) any details of a memorandum of understanding that he or she has signed.
Penalty: Imprisonment for 5 years.
Disclosures by other persons
(2) A person (other than a person referred to in paragraph (1)(a)) commits an offence if:
(a) the person discloses information; and
(b) the information is either or both of the following:
(i) information about the way in which the NWPP operates;
(ii) information about the Commissioner, a Deputy Commissioner, any AFP employee or any special member of the Australian Federal Police who is or has been involved in the NWPP; and
(c) there is a risk that disclosure of the information will do either or both of the following:
(i) adversely affect the integrity of the NWPP;
(ii) compromise the security of the Commissioner, a Deputy Commissioner, or an AFP employee or special member of the Australian Federal Police who is or has been involved in the NWPP.
Penalty: Imprisonment for 5 years.
(3) Subsections (1) and (2) do not apply to a disclosure by a person if:
(a) the person has been authorised by the Commissioner to make the disclosure; or
(b) the disclosure is made for the purpose of making a complaint, or providing information, to the Ombudsman under the Ombudsman Act 1976 ; or
(c) the disclosure is made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006 , an allegation or information that raises a corruption issue; or
(d) the disclosure is made for the purpose of:
(i) giving information that raises an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979 ); or
(ii) investigating or resolving an AFP conduct or practices issue under Part V of that Act.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4) To avoid doubt, a person may be convicted of an offence against subsection (2) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually have that effect.
22C Disclosures to courts, etc.
(1) To avoid doubt, sections 22, 22A and 22B apply to a disclosure of information to:
(a) a court or tribunal; or
(b) a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry.
(2) The application of subsection (1) to the disclosure of information as mentioned in that subsection does not affect the operation of subsection 26(3).
53 Subsection 25(1)
Omit "subsection (3)", substitute "subsections (3) and (4)".
54 Subsection 25(3)
Omit "and 27", substitute ", 27 and 27A".
55 At the end of section 25
Add:
(4) The Commissioner's powers and functions under subsections 13(5) and (7) may only be delegated to a Deputy Commissioner, an Assistant Commissioner, or a person occupying an equivalent or higher rank in the Australian Federal Police.
56 Paragraph 26(1)(a)
Omit "a Royal Commission or an approved authority", substitute "a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry".
57 Paragraphs 26(1)(a) and (b)
After "duties", insert ", or the exercise of powers,".
58 After paragraph 26(1)(b)
Insert:
; or (c) to divulge or communicate to or before such a body information, if:
(i) the information is about the identity of, or disclosure of the information is such as to reveal the identity of, an AFP employee or special member of the Australian Federal Police who is involved in the operation of the NWPP; and
(ii) the person has the information as a result of the performance of functions or duties, or the exercise of powers, under this Act;
59 Paragraph 26(2)(a)
Omit "a Royal Commission or an approved authority", substitute "a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry".
60 After paragraph 26(2)(b)
Insert:
; or (c) to divulge or communicate to or before such a body information, if:
(i) the information is about the identity of, or disclosure of the information is such as to reveal the identity of, an AFP employee or special member of the Australian Federal Police who is involved in the operation of the NWPP; and
(ii) the person has the information as a result of the performance of functions or duties, or the exercise of powers, in relation to this Act;
61 Subsection 26(3)
After "Commonwealth", insert ", a State or a Territory".
62 Subsection 26(5)
Omit "or a former participant".
63 Subsection 26(5)
Omit "or former participant".
64 Subsection 27(1)
Repeal the subsection, substitute:
(1) If:
(a) a participant is to be a witness, under the participant's current NWPP identity, in a criminal proceeding; and
(b) the participant has a criminal record under his or her original identity or any former NWPP identity;
the participant must notify the Commissioner that the participant is to be a witness in the proceeding.
65 Subsection 27(2)
Omit "or former participant".
66 After section 27
Insert:
27A Requirement where participant involved in civil proceedings
(1) If a participant is to be involved, under the participant's current NWPP identity, in a civil proceeding in which his or her identity is in issue, the participant must notify the Commissioner that the participant is involved in the proceeding.
(2) After being notified under subsection (1), the Commissioner may take any action he or she considers appropriate in the circumstances.
(3) In this section:
"civil proceeding" means any proceeding in a court, a tribunal or a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry, other than a criminal proceeding, and, to avoid doubt, each of the following is part of a civil proceeding:
(a) any proceeding on an ex parte application (including an application made before pleadings are filed in a court);
(b) the discovery, exchange, production, inspection or disclosure of intended evidence, documents and reports of persons intended to be called by a party to give evidence;
(c) an appeal proceeding;
(d) any interlocutory or other proceeding prescribed by regulations for the purposes of this paragraph.
67 Section 28
Repeal the section, substitute:
28 Identity of participant not to be disclosed in court proceedings etc.
(1) This section applies if one of more of the following matters is in issue, or may be disclosed, in any proceedings before a court, a tribunal, or a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry:
(a) the original identity or a former NWPP identity of:
(i) a Commonwealth participant; or
(ii) a State participant; or
(iii) a Territory participant;
(b) the fact that a person is such a participant;
(c) the fact that a person has undergone or is undergoing assessment for inclusion in the NWPP as such a participant.
(2) The court, tribunal or commission:
(a) must, unless it considers that it is not in the interests of justice to do so, hold in private that part of the proceedings that relates to the matter referred to in paragraph (1)(a), (b) or (c); and
(b) must make such orders relating to the suppression of publication of evidence given before it as, in its opinion, will ensure that the matter referred to in paragraph (1)(a), (b) or (c) is not made public; and
(c) must, unless it considers that it is not in the interests of justice to do so, make such other orders as it considers appropriate to ensure that neither of the following is made public:
(i) the matter referred to in paragraph (1)(a), (b) or (c);
(ii) information that may compromise the security of a person referred to in any of those paragraphs.
(3) To avoid doubt, paragraph (2)(b) does not prevent the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication.
28A Offence of contravening an order under section 28
(1) A person commits an offence if:
(a) an order is in force under section 28; and
(b) the person engages in conduct; and
(c) the conduct contravenes the order.
Penalty: Imprisonment for 2 years.
(2) To avoid doubt, this section does not limit any other powers of the body that made the order under section 28.
68 Subsection 30(1)
Omit "section 27", substitute "sections 27 and 27A".
Part 2 -- Application and saving provisions
69 Saving provision--declarations of complementary witness protection laws
(1) A declaration made under paragraph (b) of the definition of complementary witness protection law in section 3 of the Witness Protection Act 1994 before the commencement of this item is not, and is taken never to have been, a legislative instrument.
(2) If the declaration was in force just before the commencement of this item, the declaration has effect from that commencement, subject to subitem (1), as if it had been made under section 3AA of that Act as inserted by this Schedule.
70 Application--action in respect of former participants etc.
The Commissioner may take action under subsection 13(5) of the Witness Protection Act 1994 , as inserted by this Schedule, on or after the commencement of this item, whether the former participant concerned became a former participant before, on or after that commencement.
71 Application--non - disclosure of former identity
(1) Section 16 of the Witness Protection Act 1994 , as amended by this Act, applies on and after the commencement of this item in relation to a pre - commencement permission given to a participant for a particular purpose as if it were a post - commencement permission given for the participant not to disclose his or her original identity for that purpose.
(2) In this item:
post - commencement permission means a permission given under paragraph 16(1)(b) of the Witness Protection Act 1994 , as in force at the commencement of this item.
pre - commencement permission means a permission given under paragraph 16(1)(b) of the Witness Protection Act 1994 before the commencement of this item.