Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Current HansardDownload Current Hansard   

Previous Fragment    Next Fragment
Tuesday, 23 August 1994
Page: 85

  The bill.

  Amendments (by Senator Bolkus)—by leave—proposed:

No. (1)—Clause 15, page 13, subclause (2), lines 3 and 4, omit the subclause, substitute the following subclause:

"(2) That action may include:

  (a)providing protection for the participant while the participant is attending court; or

(b)notifying a party or possible party to legal proceedings that the Commissioner will accept process issued by a court or tribunal on behalf of the participant, and nominating a member for the purpose.".

No. (2)—Clause 16, page 14, at end of clause, add the following subclause:

"(6) In this section:

`participant' includes a person who:

(a)was provided with a new identity under the NWPP; and

(b)is no longer a participant but retains that identity.".

No. (3)—Clause 25, page 19, subclause (3), line 8, omit "18 and 20", substitute "18, 20 and 26A".

No. (4)—Clause 26, page 20, at end of clause, add the following subclause:

  "(5) Subsection (1) does not apply to information about a financial support arrangement for a participant or a former participant if the information is provided in a way that cannot identify the location, or prejudice the safety, of the participant or former participant.".

No. (5)—After clause 26, page 20, insert the following clause:

Requirement where participant becomes a witness in criminal proceedings

  "26A.(1) If:

(a)a participant is provided with a new identity under the NWPP; and

(b)the person, whether or not he or she remains a participant, retains 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 Commissioner that the person is to be a witness in the proceeding.

  "(2) After being notified under subsection (1), the Commissioner may take any action he or she considers appropriate in the circumstances, including disclosing to the court, the prosecutor and the accused person or the accused person's legal representative the criminal record of the participant or former participant.".