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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

19 Restoration of former identity

(1) If a participant has been provided with a new identity under the NWPP, a Deputy Commissioner may, if he or she considers it appropriate to do so, take such action as is necessary to restore the
original identity or any former NWPP identity of the participant.

(2) The Deputy Commissioner must take reasonable steps to notify the participant of a decision under subsection (1).

(3) If the Deputy Commissioner proposes to take action to restore the original identity or any former NWPP identity of the participant, the participant may apply in writing to the Commissioner for a
review of the decision of the Deputy Commissioner.

(4) If an application is made, the Commissioner:
(a) must review the decision of the Deputy Commissioner and
confirm, reverse or vary it; and
(b) before making that decision, must give the participant a
reasonable opportunity to state his or her case; and
(c) after making that decision, must inform the participant in
writing of the decision.
(5) If the Commissioner or a Deputy Commissioner takes action under
this section to restore the original identity or any former NWPP
identity of a Commonwealth participant, a State participant or a
Territory participant, the Commissioner or a Deputy Commissioner
may give a notice to the participant under subsection (6).
(6) The notice:
(a) must be in writing; and
(b) must require the participant to return to the Commissioner,
within 10 days of the giving of the notice, all documents
provided to the participant that relate to:
(i) the participant’s current NWPP identity; and
(ii) any former NWPP identity of the participant that is not
being restored.
(7) A person commits an offence if:
(a) the person is given a notice under subsection (6); and
(b) the person refuses or fails to comply with the notice.
Penalty: 10 penalty units.