3Interpretation

#### 3 Interpretation In this Act, unless the contrary intention appears: > AFP employee has the same meaning as in the Australian Federal Police Act 1979. > approved authority means: (a) a Commissioner (however designated) of the police force of a State or Territory; or (aa) the National Anti‑Corruption Commissioner (within the meaning of the National Anti‑Corruption Commission Act 2022); or (b) the Chief Executive Officer of the Australian Crime Commission; or (c) an authority or body of the Commonwealth or of a State or Territory 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 in the Gazette to be an approved authority for the purposes of this Act. > Assistant Commissioner means an Assistant Commissioner of the Australian Federal Police. > Commissioner means the Commissioner of the Australian Federal Police. > Commonwealth identity document means a passport, a tax file number within the meaning of section 202A of the Income Tax Assessment Act 1936 or another document prescribed for the purposes of this definition. > Commonwealth officer has the same meaning as in section 3 of the Crimes Act 1914. > Commonwealth participant means a person who is a participant: (a) in relation to an offence against a law of the Commonwealth; or (b) in relation to a Royal Commission under the Royal Commissions Act 1902 or another commission or inquiry under a law of the Commonwealth; or (c) in relation to an inquiry instituted by a House of the Parliament; or (d) under section 10 or 10A. > complementary witness protection law means a law of a State or Territory that: (a) makes provision for the protection of witnesses; and (b) is declared under section 3AA to be a complementary witness protection law. > 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. > Deputy Commissioner means a Deputy Commissioner of the Australian Federal Police. > designated position means a position of a Deputy Commissioner, an AFP employee or a special member of the Australian Federal Police: (a) the duties of which relate to the NWPP and require the occupant to have an eligible national security clearance; and (b) that has been declared in writing by the Commissioner to be a designated position for the purposes of this Act. > eligible national security clearance means a clearance prescribed by the regulations for the purposes of this definition. > 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. > former participant means a person who has ceased to be included in the NWPP. > Immigration Secretary means the Secretary of the Department administered by the Minister who administers the Migration Act 1958. > 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. > member means a member or special member of the Australian Federal Police. > national security clearance means a clearance that enables a person to have access to national security information or to an area that has been designated as secure. > national security information means information affecting the defence, security or international relations of Australia. > NWPP means the National Witness Protection Program established by this Act. > 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. > parent: without limiting who is a parent of anyone for the purposes of this Act, a person is the parent of another person if the other person is a child of the person within the meaning of the Family Law Act 1975. > participant means a person included in the NWPP and, unless the contrary intention appears, includes a former participant. > Registrar means a person who occupies the position of Registrar of births, deaths and marriages, however described, of a State or Territory. > State offence that has a federal aspect has the meaning given by section 3AB. > 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. > 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. > witness means: (a) a person who has given, or who has agreed to give, evidence on behalf of the Crown in right of the Commonwealth or of a State or Territory in: (i) proceedings for an offence; or (ii) hearings or proceedings before an authority that is declared by the Minister by notice in the Gazette to be an authority to which this paragraph applies; or (b) a person who has given, or who has 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 the Commonwealth or of a State or Territory; or (c) a person who has made a statement to the Australian Federal Police or an approved authority in relation to an offence against a law of the Commonwealth or of a State or Territory; or (d) a person who, for any other reason, may require protection or other assistance under the NWPP; or (e) a person who, because of his or her relationship to, or association with, a person referred to in paragraph (a), (b), (c) or (d) may require protection or other assistance under the NWPP.