33Offence—disclosure by participants and others

#### 33 Offence—disclosure by participants and others 33 Offence—disclosure by participants and others > > (1) A person must not, either directly or indirectly, disclose or record— > > > > > (a) the fact that the person, or a person with whom the person is associated, has entered into a memorandum of understanding, or > > > > > (b) details of a memorandum of understanding, or > > > > > (c) the fact that the person is or was a participant in the witness protection program, or > > > > > (d) confidential information relating to the witness protection program. > > > > Maximum penalty—imprisonment for 5 years. > > > (1A) Subsection (1)(c) does not apply to a person if— > > > > > (a) the person has a reasonable excuse for recording or disclosing the fact, and > > > > > (b) the reasonable excuse relates to a health or safety risk. > > > (1B) For subsection (1A)(a) and (b), the onus of proof lies with the person seeking to rely on the exemption. > > > (2) This section does not apply to a disclosure or recording— > > > > > (a) that has been authorised by the Commissioner of Police, or > > > > > (b) that is necessary for the purposes of an investigation by the Commission or the Inspector, or > > > > > (c) that is necessary to comply with an order of the Supreme Court. > > > (3) In this section— > > > > confidential information, in relation to the witness protection program, means the following— > > > > > (a) information relating to a thing done by the Commissioner of Police or another member of the NSW Police Force under this Act, > > > > > (b) information about how the witness protection program operates, > > > > > (c) information relating to the identity of a member of the NSW Police Force who is or has been involved in the witness protection program. > > > > person means the following— > > > > > (a) a participant, > > > > > (b) a former participant, > > > > > (c) a witness who is being, or has been, assessed for inclusion in the witness protection program. > > **s 33:** Am 2002 No 54, Sch 1 \[35\] \[36\]; 2011 No 62, Sch 3.42; 2016 No 61, Sch 6.47 \[7\]; 2024 No 89, Sch 1\[36\] \[48\]–\[50\].