22AOffences relating to State participants

#### 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 a NACC disclosure (within the meaning of the National Anti‑Corruption Commission Act 2022); 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.