22BOffences relating to disclosure of information about the NWPP

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 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 (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.