These regulations may be cited as the Witness Protection (Western Australia) Regulations 1996 1.
2. Commencement
These regulations come into operation on the day on which the Witness Protection (Western Australia) Act 1996 comes into operation 1.
3. Prescribed authorities (s. 3)
These persons are prescribed authorities for the purposes of the Act —
(a) the person who, under the Curriculum Council Act 1997, is empowered to issue a certificate to a student;
(b) the person who, under the Vocational Education and Training Act 1996, is empowered to confer an approved VET qualification or a prescribed VET qualification;
(c) the person who, under the Road Traffic (Authorisation to Drive) Act 2008, is empowered to grant or renew a driver’s licence or issue a learner’s permit;
(da) the person who, under the Road Traffic (Vehicles) Act 2012, is empowered to grant or renew a vehicle licence;
(d) the person who, under an Act that establishes a University, is empowered to award, confer or grant a degree, diploma or other qualification;
(e) the person who, under the Western Australian Photo Card Act 2014, is empowered to issue a photo card (as defined in section 3 of that Act).
[Regulation 3 inserted: Gazette 25 Sep 2009 p. 3749-50; amended: Gazette 5 Aug 2014 p. 2835; 8 Jan 2015 p. 155‑6.]
4. Prescribed registers (s. 3)
These records or registers of information are prescribed as prescribed registers for the purposes of the Act:
(a) any record or register of information as to the matters referred to in regulation 3 and required to be kept under an Act referred to in that regulation;
(b) any record or register of the names of persons that is required to be kept under an Act referred to in that regulation.
5. Information to be provided (s. 10)
Under section 10 of the Act, a witness must provide this information to the Commissioner:
(a) details of all the witness’s outstanding legal obligations;
(b) details of all the witness’s outstanding debts, including amounts outstanding under any judgment in this State or elsewhere or for any tax, including a tax under the law of the State, another State, a Territory or the Commonwealth;
(c) details of any offences of which the witness has been convicted in this State or elsewhere;
(d) details of any civil proceedings that have been instituted by or against the witness and that are pending;
(e) details of any bankruptcy proceedings that have been instituted against the witness and that are pending;
(f) whether the witness is an undischarged bankrupt under the Bankruptcy Act 1966 of the Commonwealth and if the witness is, copies of all documents relating to the bankruptcy;
(g) whether the witness has entered into or intends to enter into a composition with creditors, a deed of arrangement or a deed of assignment under Part X of the Bankruptcy Act 1966 of the Commonwealth and, if the witness has or intends to, copies of all relevant documents;
(h) whether the witness is restricted as to holding positions in companies, whether public or private and if so, copies of documents relevant to the restriction;
(i) details of the witness’s immigration status;
(j) details of the witness’s assets (whether real or personal) and financial liabilities in relation to which —
(i) a record is kept under a law of the State, another State or a Territory; or
(ii) the witness has entered into a contractual arrangement;
(k) details of any cash held by the witness or any of the witness’s dependants, whether in accounts or otherwise;
(l) details of any reparation order (including any compensation or restitution order) that is in force against or in favour of the witness;
(m) 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 State, another State, a Territory or the Commonwealth;
(n) the witness’s general medical and mental condition;
(o) the general medical and mental condition of the witness’s dependants;
(p) details of any relevant court orders or arrangements —
(i) relating to custody of or access to children;
(ii) restraining the activities of the witness;
(q) details of any business dealings in which the witness is involved;
(r) details of any sentence or other order imposed on the witness for an offence and to which the witness is subject, together with copies of any relevant documents;
(s) details of any order releasing the witness from custody such as an order as to bail or a parole order and to which the witness is subject, together with copies of any relevant documents;
(t) details of any arrangements that the witness has made for —
(i) the service of documents on the witness;
(ii) representation in court proceedings;
(iii) enforcement of judgments in the witness’s favour;
(iv) compliance with the enforcement of any judgments against the witness;
(u) details of any threats or incidents, whether real or perceived, that could be regarded as a danger to the witness or to a person related to (including a de facto partner of the witness) or associated with the witness.
[Regulation 5 amended: Gazette 30 Jun 2003 p. 2636.]
6. Corresponding laws prescribed (s. 33)
For the purposes of the definition of corresponding law in section 33 of the Act, these laws are prescribed laws —
(a) the Witness Protection Act 2000 (Queensland) Part 3 Division 2;
(b) the Witness (Identity Protection) Act 2006 (Tasmania) Part 3.
[Regulation 6 inserted: Gazette 25 Jan 2013 p. 281.]
[Schedule 1 deleted: Gazette 25 Jan 2013 p. 281.]
Notes
1 This is a compilation of the Witness Protection (Western Australia) Regulations 1996 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.