'Non-disclosure of former identity – witness protection' in document 'Australia: Witness Protection Act (1994)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

16 Non-disclosure of former identity of participant

(1) If:

a participant who has been provided with a new identity under the NWPP would, apart from this section, be required by or under a law of the Commonwealth to disclose his or her original identity or a former NWPP identity for a particular purpose; and
the Commissioner has given the participant permission, in the prescribed form, not to disclose the original identity or the former NWPP identity for that purpose;
the participant is not required to disclose the original identity or the
former NWPP identity to any person for that purpose.

(2) If a participant has been given permission under subsection (1) not to disclose his or her original identity or any former NWPP 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 law of the Commonwealth, to claim that his or her current NWPP identity is his or her only identity.

(3) It is the duty of each Commonwealth officer and former Commonwealth officer who has obtained access to information or a document relevant to the NWPP not to disclose that information or publish that document except as authorised by the Commissioner.

(4) If, under a complementary witness protection law of a State or Territory, it is lawful for a participant not to disclose his or her original identity or any former NWPP identity for a purpose approved by the Commissioner, the participant is not required to disclose his or her original identity or any former NWPP identity to a Commonwealth officer for that purpose.

(5) In addition to prescribing a form for the purposes of a permission under subsection (1), the regulations may prescribe a form for the purposes of a similar permission of the Commissioner under a complementary witness protection law of a State or Territory.