Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
approved authority means —
(a) the
Commissioner of the Australian Federal Police;
(b) the
Commissioner (however designated) of the police force of another State or a
Territory;
(c) the
Chair of the Board of the Australian Crime Commission established by the
Australian Crime Commission Act 2002 of the Commonwealth;
(d) an
authority or body of this State, 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 to be an approved authority
for the purposes of this Act;
Commissioner means the Commissioner of Police
appointed under the Police Act 1892 ;
Commonwealth Act means the Witness Protection
Act 1994 of the Commonwealth;
complementary witness protection law
means —
(a) the
Commonwealth Act;
(b) a
law of another State or a Territory that —
(i)
makes provision for the protection of witnesses; and
(ii)
is declared by the Minister to be a complementary witness
protection law;
Corruption and Crime Commission has the meaning
given to “Commission” in section 3 of the Corruption and
Crime Commission Act 2003 ;
court includes —
(a) a
tribunal or other body established or continued under a written law and having
a power to obtain evidence or information;
(b) a
Royal Commission established under the Royal Commissions Act 1968 ;
(c) a
commission, board, committee or other body established by the Governor or by
either or both Houses of Parliament or by or the Government of the State to
inquire into any matter;
designated position means an office in the Police
Force of this State, the duties of which relate to the SWPP, that has been
declared in writing by the Commissioner to be a designated position for the
purposes of this Act;
officer of the Corruption and Crime Commission has
the meaning given to “officer of the Commission” in section 3
of the Corruption and Crime Commission Act 2003 ;
Parliamentary Commissioner means the person
holding or acting in the office of the Parliamentary Commissioner for
Administrative Investigations under the Parliamentary Commissioner
Act 1971 ;
participant means a person who is included in the
SWPP;
prescribed authority means a person —
(a) that
under a written law is empowered to grant or issue a document (such as a
licence, permit, certificate, authority, approval or exemption), or to keep a
record or register of information; and
(b) that
is prescribed by the regulations as a prescribed authority,
other than the Registrar of Births, Deaths and
Marriages;
prescribed register means any record or register
of information required to be kept under a written law and prescribed by the
regulations as a prescribed register, other than the register of births
required to be kept under the Births, Deaths and Marriages Registration
Act 1998 ;
State Witness Protection Program
(“SWPP”) means the State Witness Protection Program established by
this Act;
witness is defined in section 4;
witness protection program means —
(a) the
SWPP; or
(b) a
witness protection program established under a complementary witness
protection law.
(2) In this Act this
abbreviation is used:
SWPP for State Witness Protection Program.
(3) The Minister, by
notice published in the Gazette , may make, amend or cancel declarations for
the purposes of the definitions of “approved authority”,
“complementary witness protection law” and “witness”.
[Section 3 amended by No. 40 of 1998
s. 18(2); No. 48 of 2003 s. 62 and Sch. 3 3 cl. 11;
No. 4 of 2004 s. 58; No. 74 of 2004 s. 75; No. 8 of 2008
s. 22 and 23(9).]