Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:3_22a:p2
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 3 cl 22A (pt 2/3)
Character Range: 124028–126797

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 made for the purpose of referring to the Integrity Commissioner, under the Law Enforcement Integrity Commissioner Act 2006, an allegation or information that raises a corruption issue; 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