Commonwealth Consolidated Acts

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WITNESS PROTECTION ACT 1994 - SECT 7

Witness to disclose certain matters before being included in the NWPP

  (1)   The Commissioner is not to include a witness in the NWPP unless the Commissioner is satisfied that the witness has provided the Commissioner with all information necessary for the Commissioner to decide whether the witness should be included.

  (2)   Without limiting the generality of subsection   (1), a witness must:

  (a)   disclose to the Commissioner details of all outstanding legal obligations of the witness; and

  (b)   disclose to the Commissioner details of any outstanding debts of the witness, including amounts outstanding for any tax, including a tax under a law of a State or Territory; and

  (c)   disclose to the Commissioner details of the witness's criminal history; and

  (d)   disclose to the Commissioner details of any civil proceedings that have been instituted by or against the witness; and

  (e)   disclose to the Commissioner details of any bankruptcy proceedings that have been instituted against the witness; and

  (f)   inform the Commissioner whether the witness is an undischarged bankrupt under the Bankruptcy Act 1966 and, if the witness is, give to the Commissioner copies of all documents relating to the bankruptcy; and

  (g)   inform the Commissioner whether the witness has entered into or intends to enter into a personal insolvency agreement under Part   X of the Bankruptcy Act 1966 and, if the witness has done or intends to do such a thing, give to the Commissioner copies of all documents relating to that thing; and

  (h)   inform the Commissioner whether there are any restrictions on the witness's holding positions in companies, whether public or private and, if there are, give to the Commissioner copies of all documents relating to those restrictions; and

  (i)   disclose to the Commissioner details of the witness's immigration status; and

  (j)   disclose to the Commissioner details of financial liabilities and assets (whether real or personal) of the witness in relation to which:

  (i)   a record is kept under a law of a State or Territory; or

  (ii)   the witness has entered into a contractual arrangement; and

  (k)   disclose to the Commissioner details of any cash held by the witness, whether in accounts or otherwise; and

  (l)   disclose to the Commissioner details of any reparation order that is in force against the witness; and

  (m)   inform the Commissioner whether any of the witness's property (whether real or personal) is liable to forfeiture or confiscation or is subject to restraint under a law of the Commonwealth or of a State or Territory; and

  (n)   inform the Commissioner of the witness's general medical condition; and

  (o)   disclose to the Commissioner details of any relevant court orders or arrangements relating to custody or access to children; and

  (p)   disclose to the Commissioner details of any business dealings in which the witness is involved; and

  (q)   disclose to the Commissioner details of court orders relating to sentences imposed on the witness to which the witness is subject in relation to criminal prosecutions; and

  (r)   disclose to the Commissioner details of any parole or licence to which the witness is subject; and

  (s)   give to the Commissioner copies of any documents relating to any such orders, parole or licence; and

  (t)   disclose to the Commissioner details of any arrangements that the witness has made for:

  (i)   the service of documents on the witness; or

  (ii)   representation in proceedings in a court; or

  (iii)   enforcement of judgments in the witness's favour; or

  (iv)   compliance with the enforcement of judgments against the witness.

  (3)   The Commissioner may also:

  (a)   require the witness to undergo:

  (i)   medical tests or examinations; or

  (ii)   psychological or psychiatric examinations;

    and to make the results available to the Commissioner; or

  (b)   make such other inquiries and investigations as the Commissioner considers necessary;

for the purposes of assessing whether the witness should be included in the NWPP.



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