Document ID: chunk:federal_register_of_legislation:C2024C00075:section:18:p1
Version: federal_register_of_legislation:C2024C00075
Segment Type: section
Provision Reference: s 18 (pt 1/3)
Character Range: 44355–47216

18  Termination of inclusion in NWPP and other protection and assistance

Termination of inclusion in NWPP
 (1) A participant's inclusion in the NWPP:
 (a) must be terminated by the Commissioner if the participant requests in writing that it be terminated; or
 (b) may be terminated by a Deputy Commissioner if:
 (i) the participant deliberately breaches a term of the memorandum of understanding; or
 (ii) the Deputy Commissioner discovers that the participant had knowingly given information to the Commissioner that is false or misleading in a material particular; or
 (iii) the participant's conduct or threatened conduct is, in the opinion of the Deputy Commissioner, likely to compromise the integrity of the NWPP; or
 (iv) the circumstances that gave rise to the need for the participant's inclusion in the NWPP cease to exist; or
 (v) the participant deliberately breaches an undertaking, including an undertaking to give evidence, given to the Commonwealth, a State or Territory in relation to a matter relevant to the NWPP; or
 (vi) the participant refuses or fails to sign a new memorandum of understanding when required to do so under subsection 8(5); or
 (vii) there is, in the opinion of the Deputy Commissioner, no reasonable justification for the participant to remain included in the NWPP;
  and the Deputy Commissioner is of the opinion that, in the circumstances of the case, the participant's inclusion in the NWPP should be terminated.
 (2) If a Deputy Commissioner makes a decision under paragraph (1)(b) that a participant's inclusion in the NWPP be terminated (the termination decision), the Deputy Commissioner must:
 (a) take reasonable steps to notify the participant of the decision; and
 (b) notify the relevant approved authority of the decision.

Termination of protection and assistance to former participants etc.
 (2A) Protection and assistance provided under subsection 13(5) to a person (including a former participant):
 (a) must be terminated by the Commissioner if the person requests in writing that it be terminated; or
 (b) may be terminated by a Deputy Commissioner if:
 (i) the Deputy Commissioner discovers that the person had knowingly given information to the Commissioner that is false or misleading in a material particular; or
 (ii) the person's conduct or threatened conduct is, in the opinion of the Deputy Commissioner, likely to compromise the integrity of the NWPP; or
 (iii) the circumstances that gave rise to the need for protection and assistance for the person cease to exist; or
 (iv) the person deliberately breaches an undertaking given to the Commonwealth, a State or a Territory that is relevant to the provision of that protection and assistance; or
 (v) there is, in the opinion of the Deputy Commissioner, no reasonable justification for protection and assistance to continue to be provided to