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Australian Capital Territory
Witness Protection Act 1996
A1996-65
Republication No 10
Effective: 5 January 2026
Republication date: 5 January 2026
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Witness Protection Act 1996 (including any amendment made under
the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
5 January 2026.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Witness Protection Act 1996
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Declaration of approved authority 2
3B Declaration of complementary witness protection law 3
3C Declaration of authority—dict, def witness 3
Part 2 Witness protection program
4 Witness protection program 4
5 Assessing witness for inclusion in witness protection program 5
Part 3 Protecting witnesses from identification
6 Identifying documents 6
7 Application for court order 6
Contents
Page
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8 Power of Supreme Court to make order 6
9 Court proceedings under pt 3 to be closed to public 7
10 Effect of witness protection order 7
11 Effect of entries made in the register 8
12 Offences in relation to documents 8
13 Information not to be disclosed 8
14 Nondisclosure of former identity of participant 9
15 Requirement if participant becomes witness in criminal proceeding 10
16 Identity of participant not to be disclosed in legal proceeding 10
17 Documentation restrictions 11
18 Special commercial arrangements by chief police officer 11
19 Dealing with rights and obligations of participant 11
20 Avoidance of obligations by participant 12
Part 4 Miscellaneous
21 Offence—disclosures about participants 13
22 Offence—disclosures by participants 13
23 Certain people not to be required to disclose information 14
24 Restriction on issue of territory identity documents 15
25 Arrangements with approved authorities 15
26 Authorisation of approved authorities 16
27 Protection from liability 16
28 Proceedings for offence 17
29 Approved forms 17
30 Regulation-making power 17
Dictionary 18
Endnotes
1 About the endnotes 21
2 Abbreviation key 21
3 Legislation history 22
Contents
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4 Amendment history 24
5 Earlier republications 27
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Australian Capital Territory
Witness Protection Act 1996
An Act to make provision to protect the safety and welfare of witnesses
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Witness Protection Act 1996.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘register—see the Births, Deaths
and Marriages Registration Act 1997, dictionary.’ means that the term
‘register’ is defined in that dictionary and the definition applies to this
Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A Declaration of approved authority
(1) The Minister may declare that an authority or body of the
Commonwealth, a State or another Territory is an approved authority
for this Act.
(2) A declaration is a notifiable instrument.
Preliminary Part 1
Section 3B
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3B Declaration of complementary witness protection law
(1) The Minister may declare that a law of the Commonwealth, a State or
another Territory is a complementary witness protection law for this
Act.
(2) A declaration is a notifiable instrument.
3C Declaration of authority—dict, def witness
(1) The Minister may declare an authority to be an authority for the
dictionary, definition of witness, paragraph (a) (ii).
(2) A declaration is a notifiable instrument.
Part 2 Witness protection program
Section 4
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Part 2 Witness protection program
4 Witness protection program
(1) The chief police officer may make arrangements with the
commissioner of police for the provision of services under the witness
protection program for the taking of the action that the chief police
officer considers necessary and reasonable to protect the safety and
welfare of a witness.
(2) The action that may be taken under subsection (1) includes—
(a) making arrangements necessary—
(i) to allow the witness to establish a new identity; or
(ii) otherwise to protect the witness; or
(b) relocating the witness; or
(c) providing accommodation for the witness; or
(d) providing transport for the property of the witness; or
(e) providing reasonable financial assistance to the witness; or
(f) permitting people involved in the administration of the witness
protection program to use assumed names in carrying out their
duties and to have documentation supporting those assumed
names; or
(g) doing any other thing permitted under the witness protection
program to ensure the safety of the witness; or
(h) doing things as a result of functions given to the chief police
officer under a complementary witness protection law.
Witness protection program Part 2
Section 5
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5 Assessing witness for inclusion in witness protection
program
The assessment and inclusion of a witness in the witness protection
program must be in accordance with the provisions of the
Commonwealth Act for the assessment and inclusion of a witness
(within the meaning of that Act) in that program as if each reference
in the Commonwealth Act, sections 7 and 8 to the commissioner were
a reference to the chief police officer.
Part 3 Protecting witnesses from identification
Section 6
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Part 3 Protecting witnesses from
identification
6 Identifying documents
Without limiting section 4, the chief police officer may apply for any
documents necessary—
(a) to allow a witness to establish a new identity; or
(b) otherwise to protect the witness.
7 Application for court order
(1) The chief police officer may apply to the Supreme Court for an order
authorising a specified person or a person of a specified class or
description of people—
(a) to make a new entry in the register in relation to a witness; or
(b) to issue in the witness’s new identity a document of a kind
previously issued to the witness.
(2) The chief police officer must provide the evidence that the Supreme
Court may require to satisfy itself about the matters mentioned in
section 8.
8 Power of Supreme Court to make order
The Supreme Court may make a witness protection order if satisfied
that—
(a) the person named in the application as a witness—
(i) was a witness to or has knowledge of an offence punishable
by imprisonment for longer than 12 months and is or has
been a witness in a criminal proceeding relating to the
offence; or
Protecting witnesses from identification Part 3
Section 9
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(ii) is a person who, because of his or her relationship to, or
association with, a person to whom subparagraph (i)
applies may require protection or other assistance under
this Act; and
(b) the life or safety of the person may be endangered as a result of
the person being a witness; and
(c) a memorandum of understanding in accordance with the
Commonwealth Act, section 9 has been entered into between the
witness and chief police officer; and
(d) the person is likely to comply with the memorandum of
understanding.
9 Court proceedings under pt 3 to be closed to public
The hearing of an application under this part is not open to the public.
10 Effect of witness protection order
On the making of a witness protection order of the kind mentioned in
section 7 (1) (a)—
(a) a person authorised to do so by the order may make any entries
in the register that are necessary to give effect to the order; and
(b) the registrar-general is required to give to the person access to
the register and to give the assistance that the person may
require; and
(c) the chief police officer must maintain records showing details of
the original birth entry or the original marriage, civil union or
civil partnership entry of each person in relation to whom an
entry is made under paragraph (a).
Part 3 Protecting witnesses from identification
Section 11
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11 Effect of entries made in the register
(1) An entry made in the register under this Act has effect as if it were an
entry made under the Births, Deaths and Marriages Registration Act
1997.
(2) However, an entry made in the register under this Act may only be
cancelled by the registrar-general if the Supreme Court, after being
satisfied that the witness is no longer included in the witness
protection program, has made an order on the application of the chief
police officer directing that the entry be cancelled.
12 Offences in relation to documents
While an entry made under this Act in the register continues in force,
a person in relation to whom the entry is made must not use or obtain
any document issued by the registrar-general that is based on the
previous entry.
Maximum penalty: 50 penalty units.
13 Information not to be disclosed
(1) A person must not, either directly or indirectly, make a record of,
disclose, or communicate to another person any information relating
to the making of an entry under this Act in the register, unless it is
necessary to do so—
(a) for this Act; or
(b) for the purposes of an investigation by the ombudsman; or
(c) to comply with an order of the Supreme Court.
Maximum penalty: imprisonment for 10 years.
(2) Despite subsection (1), the chief police officer may disclose the
former identity of a participant or former participant for the purpose
of obtaining documents relating to the new identity of the participant
or former participant.
Protecting witnesses from identification Part 3
Section 14
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14 Nondisclosure of former identity of participant
(1) If—
(a) a participant who has been provided with a new identity under
the witness protection program would, apart from this section,
be required by or under a territory law to disclose his or her
former identity for a particular purpose; and
(b) the chief police officer has given the participant permission, in
writing, not to disclose his or her former identity for that
purpose;
the participant is not required to disclose his or her former identity to
any person for that purpose.
(2) If a participant has been given permission under subsection (1) not to
disclose his or her former identity for a particular purpose, it is lawful
for the participant, in any proceedings or for any purpose, under or in
relation to the relevant territory law to claim that his or her new
identity is his or her only identity.
(3) It is the duty of each person who is or has been associated with the
administration of the witness protection program and who has
obtained access to information or a document relevant to the witness
protection program not to disclose that information or publish that
document except as authorised by the chief police officer.
(4) If, under a complementary witness protection law of the
Commonwealth, a State or another Territory, it is lawful for a
participant not to disclose his or her former identity for a purpose
approved by the chief police officer, the participant is not required to
disclose his or her former identity to another person for that purpose.
(5) In this section:
participant includes a person who—
(a) was provided with a new identity under the witness protection
program; and
Part 3 Protecting witnesses from identification
Section 15
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(b) is no longer a participant but keeps that identity.
15 Requirement if participant becomes witness in criminal
proceeding
(1) If—
(a) a participant is provided with a new identity under the witness
protection program; and
(b) the person, whether or not the person remains a participant,
keeps that identity; and
(c) the person is to be a witness in a criminal proceeding under that
identity; and
(d) the person has a criminal record under his or her former identity;
the person must notify the chief police officer that the person is to be
a witness in the proceeding.
(2) After being notified under subsection (1), the chief police officer may
take any action the chief police officer considers appropriate in the
circumstances, including disclosing to the Supreme Court, the
prosecutor and the accused person or the accused person’s lawyer the
criminal record of the participant or former participant.
16 Identity of participant not to be disclosed in legal
proceeding
(1) If, in any proceeding in a court, a tribunal or a royal commission or
board of inquiry, the identity of a participant is in issue or may be
disclosed, the court, tribunal, commission or inquiry must, unless it
considers that the interests of justice require otherwise—
(a) hold that part of the proceeding that relates to the identity of the
participant in private; and
Protecting witnesses from identification Part 3
Section 17
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(b) make the order relating to the suppression of publication of
evidence given before the court, tribunal, commission or inquiry
that, in its opinion, will ensure that the identity of the participant
is not disclosed.
(2) If in any proceeding in a court, a tribunal or a royal commission or
board of inquiry, a participant who has been provided with a new
identity under the witness protection program is giving evidence, the
court, tribunal, commission or inquiry may hold that part of the
proceeding in the absence of the public.
17 Documentation restrictions
The chief police officer must not obtain documentation for a
participant that represents that the participant—
(a) has a qualification that the participant does not have; or
(b) is entitled to a benefit that the participant is not entitled to.
18 Special commercial arrangements by chief police officer
The chief police officer may make commercial arrangements with a
person under which a participant is able to obtain a benefit under a
contract or arrangement without revealing the participant’s former
identity.
19 Dealing with rights and obligations of participant
(1) If a participant has any outstanding rights or obligations or is subject
to any restrictions, the chief police officer is to take the steps that are
reasonably practicable to ensure that—
(a) those rights or obligations are dealt with according to law; or
(b) the person complies with the restrictions.
(2) The steps that may be taken under subsection (1) include—
(a) providing protection for the participant while the participant is
attending court; or
Part 3 Protecting witnesses from identification
Section 20
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(b) notifying a party or possible party to legal proceedings that the
chief police officer will, on behalf of the participant, accept
process issued by a court, a tribunal or a royal commission or
board of inquiry and nominating a police officer for the purpose.
20 Avoidance of obligations by participant
(1) If the chief police officer is satisfied that a participant who has been
provided with a new identity under the witness protection program is
using the new identity—
(a) to avoid obligations that were incurred before the new identity
was established; or
(b) to avoid complying with restrictions that were imposed on the
person before the new identity was established;
the chief police officer must give written notice to the participant
stating that the chief police officer is so satisfied.
(2) A notice under subsection (1) must also state that, unless the
participant satisfies the chief police officer that the obligations will
be dealt with according to law or the restrictions will be complied
with, the chief police officer will take the action that the chief police
officer considers reasonably necessary to ensure that they are dealt
with according to law or complied with.
(3) The action that may be taken under subsection (2) includes informing
a person who is seeking to enforce rights against the participant of the
details of any property (whether real or personal) owned by the
participant under the participant’s former identity.
Miscellaneous Part 4
Section 21
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Part 4 Miscellaneous
21 Offence—disclosures about participants
A person must not, except in accordance with this Act or a
complementary witness protection law, disclose information—
(a) about the identity or location of a person who is or has been—
(i) a participant; or
(ii) a person on a witness protection program conducted by the
Commonwealth, a State or another Territory under a
complementary witness protection law; or
(b) that compromises the security of such a person.
Maximum penalty: imprisonment for 10 years.
22 Offence—disclosures by participants
(1) Subject to subsection (2), a participant or a former participant must
not, either directly or indirectly, disclose or communicate to another
person—
(a) the fact that he or she or a member of his or her family has
entered a memorandum of understanding under the
Commonwealth Act, section 9; or
(b) details of the memorandum of understanding; or
(c) information relating to anything done by the chief police officer
or another police officer under this Act; or
(d) information about any police officer gained by the person as a
result of anything done under this Act.
Maximum penalty: imprisonment for 5 years.
Part 4 Miscellaneous
Section 23
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(2) This section does not apply to a disclosure or communication—
(a) that has been authorised by the chief police officer; or
(b) that is necessary for the purposes of an investigation by the
ombudsman; or
(c) that is necessary to comply with an order of the Supreme Court.
23 Certain people not to be required to disclose information
(1) This section applies to a person who is or has been—
(a) the chief police officer; or
(b) any other police officer; or
(c) the registrar or the registrar-general; or
(d) a person employed in the administration of the Registration of
Births, Deaths and Marriages Act 1963 or the Births, Deaths
and Marriages Registration Act 1997; or
(e) the ombudsman; or
(f) a member of the staff of the ombudsman; or
(g) an approved authority; or
(h) a member of the staff of an approved authority.
(2) Unless the Supreme Court makes an order that provides to the
contrary, or the proceedings relate to an offence under this Act, a
person to whom this section applies cannot be required in any
proceedings in a court, a tribunal or a royal commission or board of
inquiry to produce any document or to divulge or communicate any
matter or thing relating to the exercise of his or her duties in
accordance with this Act.
Miscellaneous Part 4
Section 24
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24 Restriction on issue of territory identity documents
(1) Territory identity documents must not be issued for a person who is
on a witness protection program being conducted by the
Commonwealth, a State or another Territory unless—
(a) an arrangement is in force between the Minister and the relevant
Commonwealth, State or other Territory Minister relating to the
issue of territory identity documents for the purposes of that
program; and
(b) a complementary witness protection law is in force in the
Commonwealth, State or another Territory.
(2) Without limiting the matters to which such an arrangement may
relate, an arrangement may relate to—
(a) the procedures to be adopted for requesting the issue of territory
identity documents for the purposes of the program; and
(b) guidelines for the issue of those documents and other
documents.
25 Arrangements with approved authorities
(1) The chief police officer may make arrangements with an approved
authority about any matter in connection with the administration of a
complementary witness protection law.
(2) Without limiting the coverage of the arrangements mentioned in
subsection (1), the arrangements—
(a) may provide for the chief police officer or another police officer
to exercise functions given by a complementary witness
protection law; and
(b) must include procedures under which the authority shares with
the Territory the costs incurred under those arrangements; and
Part 4 Miscellaneous
Section 26
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(c) may provide for the authority to make available to the chief
police officer the statements, transcripts of evidence and other
documents that will assist the chief police officer in deciding—
(i) whether to provide protection or assistance to a person
under this Act; and
(ii) what protection and assistance are appropriate for a person;
and
(d) may give functions under complementary witness protection
laws to the chief police officer.
26 Authorisation of approved authorities
(1) The Minister may authorise an approved authority to exercise
functions given to the chief police officer under this Act for the
purposes of any arrangement entered into by the chief police officer
under section 25 or the corresponding provision of a complementary
witness protection law.
(2) An authorisation is a notifiable instrument.
27 Protection from liability
(1) A person is not personally liable for conduct engaged in honestly and
without recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the conduct was in the exercise of a
function under this Act.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act (see Legislation Act, s 104).
(2) Any liability that would, apart from this section, attach to the person
attaches instead to the Territory.
(3) In this section:
conduct means an act or an omission to do an act.
Miscellaneous Part 4
Section 28
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28 Proceedings for offence
An offence against this Act, except section 21, is punishable on
summary conviction.
29 Approved forms
(1) The Minister may approve forms for this Act.
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
(3) An approved form is a notifiable instrument.
30 Regulation-making power
The Executive may make regulations for this Act.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• chief police officer
• civil partnership
• civil union
• Commonwealth
• Minister (see s 162)
• ombudsman
• proceeding
• registrar-general.
approved authority means—
(a) the commissioner of police; or
(b) a commissioner (however designated) of the police force or
service of a State or another Territory; or
(c) the chief executive officer of the Australian Crime Commission;
or
(d) an authority or body of the Commonwealth, a State or another
Territory that—
(i) is authorised to conduct inquiries or investigations in
relation to conduct that is, or is alleged to be, criminal
conduct, misconduct or corruption; and
(ii) is declared under section 3A (Declaration of approved
authority) to be an approved authority for this Act.
Commonwealth Act means the Witness Protection Act 1994 (Cwlth).
Dictionary
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complementary witness protection law means a law of the
Commonwealth, a State or another Territory that—
(a) makes provision for the protection of witnesses; and
(b) is declared under section 3B (Declaration of complementary
witness protection law) to be a complementary witness
protection law.
designated position means a position of a police officer that has been
declared in writing by the chief police officer to be a designated
position for this Act.
participant means a witness who is included in a witness protection
program.
register—see the Births, Deaths and Marriages Registration
Act 1997, dictionary.
witness means—
(a) a person who has given, or agreed to give, evidence on behalf of
the prosecution in—
(i) a proceeding for an offence; or
(ii) hearings or proceedings before an authority to which this
paragraph applies because of a declaration under
section 3C; or
(b) a person who has given, or 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
Territory, the Commonwealth, a State or another Territory; or
(c) a person who has made a statement to the chief police officer,
another police officer or an approved authority in relation to an
offence against a law of the Territory, the Commonwealth, a
State or another Territory; or
(d) a person who, for any other reason, may require protection or
other assistance under this Act; or
Dictionary
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(e) a person who, because of his or her relationship to, or association
with, a person mentioned in paragraph (a) to (d) may require
protection or other assistance under the witness protection
program.
witness protection order means an order of the Supreme Court under
part 3 (Protecting witnesses from identification).
witness protection program means the national witness protection
program established under the Commonwealth Act.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
page 22 Witness Protection Act 1996
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3 Legislation history
Witness Protection Act 1996 A1996-65
notified 3 December 1996 (Gaz 1996 No S321)
s 1, s 2 commenced 3 December 1996 (s 2 (1))
remainder commenced 3 June 1997 (s 2 (3))
as amended by
Legal Practitioners (Consequential Amendments) Act 1997 A1997-96
sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Births, Deaths and Marriages Registration (Consequential
Provisions) Act 1997 A1997-113 sch
notified 24 December 1997 (Gaz 1997 No S420)
s 1, s 2 commenced 24 December 1997 (s 2 (1))
sch commenced 24 June 1998 (s 2 (2))
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 417
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 417 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.5
notified LR 17 December 2003
s 1, s 2 commenced 17 December 2003 (LA s 75 (1))
sch 1 pt 1.5 commenced 17 June 2004 (s 2 and LA s 79)
Civil Unions Act 2006 A2006-22 sch 1 pt 1.30
notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.30 never commenced
Note Act repealed by disallowance 14 June 2006 (see Cwlth
Gaz 2006 No S93)
Endnotes
Legislation history 3
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Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.26
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.26 commenced 16 November 2006 (s 2 (1))
Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.26
notified LR 15 May 2008
s 1, s 2 commenced 15 May 2008 (LA s 75 (1))
sch 1 pt 1.26 commenced 19 May 2008 (s 2 and CN2008-8)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.61
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.61 commenced 26 August 2008 (s 2)
Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.14
notified LR 9 September 2008
s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
sch 1 pt 1.14 commenced 30 May 2009 (s 2 and CN2009-4)4
Civil Unions Act 2012 A2012-40 sch 3 pt 3.27
notified LR 4 September 2012
s 1, s 2 commenced 4 September 2012 (LA s 75 (1))
sch 3 pt 3.27 commenced 11 September 2012 (s 2)
Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.25
notified LR 4 November 2013
s 1, s 2 commenced 4 November 2013 (LA s 75 (1))
sch 2 pt 2.25 commenced 7 November 2013 (s 2 and CN2013-11)
Note The High Court held this Act to be of no effect (see
Commonwealth v Australian Capital Territory [2013] HCA 55)
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.193
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.193 commenced 5 January 2026 (s 2 (8))
Endnotes
4 Amendment history
page 24 Witness Protection Act 1996
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4 Amendment history
Dictionary
s 2 om A2001-44 amdt 1.4339
ins A2006-42 amdt 3.218
Notes
s 3 sub A2006-42 amdt 3.218
def approved authority am A2001-44 amdt 1.4340; A2003-58
amdt 1.6
om A2006-42 amdt 3.218
def complimentary witness protection law am A2001-44
amdt 1.4341
om A2006-42 amdt 3.218
def register ins A1997-113 sch
om A2006-42 amdt 3.218
def Register of Births om A1997-113 sch
om A2006-42 amdt 3.218
def Register of Marriages om A1997-113 sch
om A2006-42 amdt 3.218
def Registrar om A1997-113 sch
om A2006-42 amdt 3.218
def witness am A2001-44 amdt 1.4342
om A2006-42 amdt 3.218
Declaration of approved authority
s 3A ins A2001-44 amdt 1.4343
am A2006-42 amdt 3.223; A2025-29 amdt 4.196
Declaration of complementary witness protection law
s 3B ins A2001-44 amdt 1.4343
am A2006-42 amdt 3.223; A2025-29 amdt 4.196
Declaration of authority—dict, def witness
s 3C ins A2001-44 amdt 1.4343
sub A2006-42 amdt 3.219
am A2025-29 amdt 4.196
Application for court order
s 7 am A1997-113 sch; A2006-42 amdt 3.224
Power of Supreme Court to make order
s 8 am A2006-42 amdt 3.224; A2008-44 amdt 1.97
Endnotes
Amendment history 4
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Effect of witness protection order
s 10 am A1997-113 sch; A2006-22 amdt 1.145 (A2006-22 rep
before commenced by disallowance (see Cwlth Gaz 2006
No S93)); A2008-14 amdt 1.100; A2012-40 amdt 3.124;
A2013-39 amdt 2.72 (A2013-39 never effective (see
Commonwealth v Australian Capital Territory [2013] HCA
55))
Effect of entries made in the register
s 11 sub A1997-113 sch
am A2006-42 amdt 3.224
Offences in relation to documents
s 12 am A1997-113 sch
Information not to be disclosed
s 13 am A1997-113 sch; A2006-42 amdt 3.224
Non-disclosure of former identity of participant
s 14 am A2001-44 amdts 1.4344-1.4346; ss renum R2 LA (see
A2001-44 amdt 1.4347); A2025-29 amdt 4.196
Requirement if participant becomes witness in criminal proceeding
s 15 am A1997-96 sch 1; A2006-42 amdt 3.224
Offence—disclosures by participants
s 22 am A2006-42 amdt 3.224
Certain people not to be required to disclose information
s 23 am A1997-113 sch; A2006-42 amdt 3.224
Authorisation of approved authorities
s 26 am A2001-44 amdt 1.4348, amdt 1.4349; A2006-42
amdt 3.223; A2025-29 amdt 4.196
Protection from liability
s 27 am A2006-42 amdt 3.220, amdt 3.221
sub A2008-28 amdt 3.174
Approved forms
s 29 sub A2001-44 amdt 1.4350
am A2006-42 amdt 3.223; A2025-29 amdt 4.196
Regulation-making power
s 30 ins A2001-44 amdt 1.4350
am A2025-29 amdt 4.196
Endnotes
4 Amendment history
page 26 Witness Protection Act 1996
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Dictionary
dict ins A2006-42 amdt 3.222
am A2008-14 amdt 1.101; A2012-40 amdt 3.125; A2013-39
amdt 2.73, amdt 2.74 (A2013-39 never effective (see
Commonwealth v Australian Capital Territory [2013] HCA
55))
def approved authority ins A2006-42 amdt 3.222
def Commonwealth Act ins A2006-42 amdt 3.222
def complementary witness protection law ins A2006-42
amdt 3.222
def designated position ins A2006-42 amdt 3.222
def participant ins A2006-42 amdt 3.222
def register ins A2006-42 amdt 3.222
def witness ins A2006-42 amdt 3.222
def witness protection order ins A2006-42 amdt 3.222
def witness protection program ins A2006-42 amdt 3.222
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
24 June 1998
24 June 1998–
11 Sept 2001
A1997-113 new Act and
amendments by
A1997-96 and
A1997-113
R1 (RI)
24 June 1998
24 June 1998–
11 Sept 2001
A1997-113 reissue of printed
version
R2
20 June 2002
12 Sept 2001–
16 June 2004
A2001-44 amendments by
A2001-44
R3
17 June 2004
17 June 2004–
15 Nov 2006
A2003-58 amendments by
A2003-58
R4
16 Nov 2006
16 Nov 2006–
18 May 2008
A2006-42 amendments by
A2006-42
R5
19 May 2008
19 May 2008-
25 Aug 2008
A2008-14 amendments by
A2008-14
R6
26 Aug 2008
26 Aug 2008–
29 May 2009
A2008-28 amendments by
A2008-28
R7
30 May 2009
30 May 2009–
10 Sept 2012
A2008-44 amendments by
A2008-44
R8
11 Sept 2012
11 Sept 2012–
6 Nov 2013
A2012-40 amendments by
A2012-40
R9
7 Nov 2013
never effective A2013-39 (never
effective)
amendments by
A2013-39
R9 (RI)
24 Feb 2014
7 Nov 2013–
4 Jan 2026
A2013-39 (never
effective)
reissued because
of High Court
decision in relation
to A2013-39