Commonwealth Consolidated Acts

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WITNESS PROTECTION ACT 1994 - SECT 10

Inclusion of foreign nationals or residents in NWPP at the request of foreign law enforcement agencies

  (1)   If:

  (a)   the Minister receives a request from an appropriate authority of a foreign country (the agency ) for the inclusion of a person (the nominated person ) who is a citizen or a resident of that country in the NWPP; and

  (b)   the Minister is satisfied that:

  (i)   the agency has provided all material that is necessary to support the request; and

  (ii)   it is appropriate to do so in all the circumstances;

the Minister is to refer the request to the Commissioner.

  (2)   The Commissioner is to consider including the nominated person in the NWPP in the same way as the Commissioner would consider including another person in the NWPP.

  (3)   The Commissioner may, if he or she thinks it appropriate to do so, seek further information about the nominated person from the agency.

  (4)   If:

  (a)   the Commissioner decides that the nominated person is suitable for inclusion in the NWPP; and

  (b)   the Minister, after considering a report from the Commissioner recommending the inclusion of the person in the NWPP, has decided that it is appropriate in all the circumstances that the person be included in the NWPP; and

  (c)   the Commissioner has entered into an arrangement with the agency for the purpose of making services under the NWPP available to the agency; and

  (d)   the nominated person has been granted a visa for entry to Australia;

the Commissioner is to include the nominated person in the NWPP.

  (5)   An arrangement referred to in paragraph   (4)(c) must include procedures under which the agency pays the costs associated with providing protection for the nominated person and any associated persons, including:

  (a)   the costs of travel by those persons and the costs of associated travel by members; and

  (b)   any costs that will be incurred if protection and assistance under the NWPP to the nominated person is terminated; and

  (c)   such other costs as the Commissioner determines.



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