Document ID: chunk:federal_register_of_legislation:C2024C00075:section:22b:p1
Version: federal_register_of_legislation:C2024C00075
Segment Type: section
Provision Reference: s 22B (pt 1/2)
Character Range: 63120–65826

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