Witness Protection Act 1994
22AOffences relating to State participants
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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.