Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:3_22a:p1
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 3 cl 22A (pt 1/3)
Character Range: 121455–124265

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