NSWIn ForceAct
Witness Protection Act 1995
3Definitions
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#### 3 Definitions
3 Definitions
> > (1) In this Act—
> >
> > agency—see section 4A.
> >
> > approved authority means—
> >
> > > (a) the Commissioner of the Australian Federal Police, or
> >
> > > (b) a Commissioner (however designated) of the police force of another State or a Territory, or
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> > > (c) the Chief Executive Officer of the Australian Crime Commission, or
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> > > (d) the Commissioner of the New South Wales Crime Commission, or
> >
> > > (e) an authority or body of the Commonwealth, another State or a 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 order published in the Gazette to be an approved authority for the purposes of this Act.
> >
> > Commission means the Law Enforcement Conduct Commission.
> >
> > communications includes any transmission of information.
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> > complementary witness protection law means a law of the Commonwealth, another State or a Territory that—
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> > > (a) makes provision for the protection of witnesses, and
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> > > (b) is declared by the Minister by order published in the Gazette to be a complementary witness protection law.
> >
> > Editorial note.
> >
> > For declarations under this definition see the Historical notes at the end of this Act.
> >
> > designated authority for a complementary witness protection law means the approved authority exercising functions under that law that is declared by the Minister by order published in the Gazette to be the designated authority for that law.
> >
> > Editorial note.
> >
> > For declarations under this definition see the Historical notes at the end of this Act.
> >
> > designated position means a position of a member of the NSW Police Force that has been declared in writing by the Commissioner of Police to be a designated position for the purposes of this Act.
> >
> > document includes the following—
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> > > (a) a biometric record,
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> > > (b) an educational record,
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> > > (c) a legal record,
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> > > (d) a medical record.
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> > exercise a function includes perform a duty.
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> > former participant, for Part 3—see section 13A.
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> > function includes a power, authority or duty.
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> > identity record means a document that may assist in identifying a person, other than a document forming part of the Births, Deaths and Marriages Register.
> >
> > Note—
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> > The Births, Deaths and Marriages Register is the register maintained under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062), section 43.
> >
> > Inspector has the same meaning as in the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061).
> >
> > interstate entity means a person or body in a State or Territory other than New South Wales.
> >
> > participant means a witness who is included in a witness protection program, whether temporarily or otherwise.
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> > register of births means the register maintained under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) in which births are registered.
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> > register of deaths means the register maintained under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) in which deaths are registered.
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> > register of marriages means the register maintained under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) in which marriages are registered.
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> > witness has the meaning given by section 4.
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> > witness protection order means an order of the Supreme Court referred to in section 15.
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> > witness protection program means a witness protection program established and maintained under section 5.
>
> > (2) Notes in the text of this Act do not form part of this Act.
>
> **s 3:** Am 1996 No 104, Sch 2.5; 2002 No 54, Sch 1 \[1\]; 2003 No 13, Sch 1.35; 2004 No 55, Sch 2.45; 2011 No 62, Sch 3.42; 2016 No 61, Sch 6.47 \[1\]; 2024 No 89, Sch 1\[1\]–\[4\].