Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:3_37
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 3 cl 37
Character Range: 112506–114037

37  After subsection 18(2)
Insert:

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 the person;
  and the Deputy Commissioner is of the opinion that, in the circumstances of the case, the protection and assistance should be terminated.

 (2B) If a Deputy Commissioner makes a decision under paragraph (2A)(b) that protection and assistance provided to a person be terminated (the termination decision), the Deputy Commissioner must take reasonable steps to notify the person of the decision.