22 Offences relating to Commonwealth or Territory participants

Disclosure of information about Commonwealth or Territory participant

(1) A person commits an offence if:

(a) the person discloses information about an individual; and
(b) the individual is a participant; and
(c) the individual is a Commonwealth participant or a Territory participant; and
(d) either or both of the following apply:

(i) the individual has a current NWPP identity at the time the information is disclosed and the information is about the original identity or a former NWPP identity of the individual;
(ii) there is a risk that disclosure of the information will reveal that the individual is a participant.

Penalty: Imprisonment for 2 years

Disclosure of information about individual undergoing assessment as Commonwealth or Territory participant

(2) A person commits an offence if:

(a) the person discloses information about an individual; and
(b) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed; and
(c) if the individual were included in the NWPP following that assessment, the individual would be a Commonwealth participant or a Territory participant; and
(d) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment.

Penalty: Imprisonment for 2 years.

Disclosure of information that may compromise security of Commonwealth or Territory participant
(3) A person commits an offence if:

(a) the person discloses information about an individual; and
(b) the individual is a participant; and
(c) the individual is a Commonwealth participant or a Territory participant; and
(d) either or both of the following apply:
(i) the individual has a current NWPP identity at the time the information is disclosed and the information is about the original identity or a former NWPP identity of the individual;
(ii) there is a risk that disclosure of the information will reveal that the individual is a participant; and
(e) there is a risk that disclosure of the information will compromise the security of the individual.

Penalty: Imprisonment for 10 years.

Disclosure of information that may compromise security of individual undergoing assessment as Commonwealth or Territory participant

(4) A person commits an offence if:

(a) the person discloses information about an individual; and
(b) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed; and
(c) if the individual were included in the NWPP following that assessment, the individual would be a Commonwealth participant or a Territory participant; and
(d) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment; and
(e) there is a risk that disclosure of the information will compromise the security of the individual.

Penalty: Imprisonment for 10 years.

(5) Subsections (1), (2), (3) and (4) do not apply to a disclosure by a person if:

(a) the person has been authorised by the Commissioner to make the disclosure; or
(b) the disclosure is made for the purpose of making a complaint, or providing information, to the Ombudsman under the Ombudsman Act 1976; or
(c) the disclosure is made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006, an allegation or information that raises a corruption issue; or
(d) the disclosure is made for the purpose of:
(i) giving information that raises an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979); or
(ii) investigating or resolving an AFP conduct or practices issue under Part V of that Act.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).

(6) Absolute liability applies to paragraphs (1)(c), (2)(c), (3)(c) and (4)(c).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(7) To avoid doubt, a person may be convicted of an offence against subsection (1), (2), (3) or (4) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually
have that effect.

22A Offences relating to State participants

Disclosure of information about State participant

(1) A person commits an offence if:

(a) the person is:

(i) a Commonwealth officer; or
(ii) a Commonwealth participant; or
(iii) a State participant; or
(iv) a Territory participant; or
(v) any other person; and

(b) the person discloses information about an individual; and

(c) the individual is a participant; and

(d) the individual is a State participant; and

(e) either or both of the following apply:
(i) the individual has a current NWPP identity at the time the information is disclosed and the information is about the original identity or a former NWPP identity of the individual;
(ii) there is a risk that disclosure of the information will reveal that the individual is a participant; and

(f) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)—there is a risk that disclosure of the information will adversely affect the integrity of the NWPP.

Penalty: Imprisonment for 2 years.

Disclosure of information about individual undergoing assessment as State participant

(2) A person commits an offence if:

(a) the person is:
(i) a Commonwealth officer; or
(ii) a Commonwealth participant; or
(iii) a State participant; or
(iv) a Territory participant; or
(v) any other person; and

(b) the person discloses information about an individual; and

(c) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed; and

(d) if the individual were included in the NWPP following that assessment, the individual would be a State participant; and

(e) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment; and

(f) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)—there is a risk that disclosure of the information will adversely affect the integrity of the NWPP.

Penalty: Imprisonment for 2 years.

Disclosure of information that may compromise security of State participant

(3) A person commits an offence if:

(a) the person is:
(i) a Commonwealth officer; or
(ii) a Commonwealth participant; or
(iii) a State participant; or
(iv) a Territory participant; or
(v) any other person; and

(b) the person discloses information about an individual; and

(c) the individual is a participant; and

(d) the individual is a State participant; and

(e) either or both of the following apply:
(i) the individual has a current NWPP identity at the time the information is disclosed and the information is about the original identity or a former NWPP identity of the individual;
(ii) there is a risk that disclosure of the information will reveal that the individual is a participant; and

(f) there is a risk that disclosure of the information will compromise the security of the individual; and

(g) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)—there is a risk that the disclosure of the information will adversely affect the integrity of the NWPP.

Penalty: Imprisonment for 10 years.

Disclosure of information that may compromise security of individual undergoing assessment as State participant

(4) A person commits an offence if:

(a) the person is:
(i) a Commonwealth officer; or
(ii) a Commonwealth participant; or
(iii) a State participant; or
(iv) a Territory participant; or
(v) any other person; and

(b) the person discloses information about an individual; and

(c) the individual is undergoing assessment for inclusion in the NWPP at the time the information is disclosed; and

(d) if the individual were included in the NWPP following that assessment, the individual would be a State participant; and

(e) there is a risk that disclosure of the information will reveal that the individual is undergoing such assessment; and

(f) there is a risk that disclosure of the information will compromise the security of the individual; and

(g) if the person disclosing the information is a person other than a person referred to in subparagraph (a)(i), (ii) or (iv)—there is a risk that disclosure of the information will adversely affect the integrity of the NWPP.

Penalty: Imprisonment for 10 years.

(5) Subsections (1), (2), (3) and (4) do not apply to a disclosure by a person if:
(a) the person has been authorised by the Commissioner to make the disclosure; or

(b) the disclosure is made for the purpose of making a complaint, or providing information, to the Ombudsman under the Ombudsman Act 1976; or

(c) the disclosure is made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006, an allegation or information that raises a corruption issue; or

(d) the disclosure is made for the purpose of:
(i) giving information that raises an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979); or
(ii) investigating or resolving an AFP conduct or practices issue under Part V of that Act.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3(3) of the Criminal Code).

(6) Absolute liability applies to paragraphs (1)(d), (2)(d), (3)(d) and (4)(d).

Note: For absolute liability, see section 6.2 of the Criminal Code.

(7) To avoid doubt, a person may be convicted of an offence against subsection (1), (2), (3) or (4) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually
have that effect.

22B Offences relating to disclosure of information about the NWPP

Disclosures by participants and persons undergoing assessment

(1) A person commits an offence if:

(a) the person is, or is undergoing or has undergone assessment for inclusion in the NWPP as, one of the following:
(i) a Commonwealth participant;
(ii) a Territory participant;
(iii) a State participant; and

(b) the person discloses any of the following:
(i) the fact that he or she is such a participant, or is undergoing or has undergone such assessment;
(ii) information about the way in which the NWPP operates;
(iii) information about the Commissioner, a Deputy Commissioner, any AFP employee or any special
member of the Australian Federal Police who is or has been involved in the NWPP;
(iv) the fact that he or she has signed a memorandum of understanding;
(v) any details of a memorandum of understanding that he or she has signed.

Penalty: Imprisonment for 5 years.

Disclosures by other persons

(2) A person (other than a person referred to in paragraph (1)(a)) commits an offence if:

(a) the person discloses information; and

(b) the information is either or both of the following:
(i) information about the way in which the NWPP operates;
(ii) information about the Commissioner, a Deputy Commissioner, any AFP employee or any special
member of the Australian Federal Police who is or has been involved in the NWPP; and

(c) there is a risk that disclosure of the information will do either or both of the following:
(i) adversely affect the integrity of the NWPP;
(ii) compromise the security of the Commissioner, a Deputy Commissioner, or an AFP employee or special member of the Australian Federal Police who is or has been involved in the NWPP.

Penalty: Imprisonment for 5 years.

(3) Subsections (1) and (2) do not apply to a disclosure by a person if:

(a) the person has been authorised by the Commissioner to make the disclosure; or

(b) the disclosure is made for the purpose of making a complaint, or providing information, to the Ombudsman under the Ombudsman Act 1976; or

(c) the disclosure is made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006, an allegation or information that raises a corruption issue; or

(d) the disclosure is made for the purpose of:
(i) giving information that raises an AFP conduct or practices issue (within the meaning of the Australian Federal Police Act 1979); or
(ii) investigating or resolving an AFP conduct or practices issue under Part V of that Act.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) To avoid doubt, a person may be convicted of an offence against subsection (2) because of a risk that a disclosure will have a particular effect even if the disclosure does not actually have that effect.


22C Disclosures to courts, etc.

(1) To avoid doubt, sections 22, 22A and 22B apply to a disclosure of information to:

(a) a court or tribunal; or
(b) a Royal Commission of the Commonwealth, a State or a Territory or any other commission of inquiry.

(2) The application of subsection (1) to the disclosure of information as mentioned in that subsection does not affect the operation of subsection 26(3).