WITNESS PROTECTION ACT 1994 - SECT 22 Offences relating to Commonwealth or Territory participants

WITNESS PROTECTION ACT 1994 - SECT 22

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 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)(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.