Document ID: chunk:federal_register_of_legislation:C2004A00922:clause:4_51
Version: federal_register_of_legislation:C2004A00922
Segment Type: clause
Provision Reference: sch 4 cl 51
Character Range: 56473–58424

51  Subsection 16(4FB)
Repeal the subsection, substitute:

 (4FB) Where information is communicated to a Special Prosecutor under paragraph (4A)(ba):
 (a) the Special Prosecutor must not divulge or communicate the information; and
 (b) a person who is no longer a Special Prosecutor must not make a record of the information, or divulge or communicate the information, in any circumstances; and
 (c) a person to whom information has been communicated in accordance with subsection (4FBA) or (4FBB) must not:
 (i) while he or she is a person or employee under the control of the Special Prosecutor—divulge or communicate the information; or
 (ii) when he or she is no longer a person or employee under the control of the Special Prosecutor—make a record of the information, or divulge or communicate the information, in any circumstances.

 (4FBA) Paragraph (4FB)(a) does not apply to the extent that the Special Prosecutor divulges or communicates the information to a person or employee under his or her control for the purposes of, or in connection with, the performance by that person or employee of the duties of his or her office or employment.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4FBA), see subsection 13.3(3) of the Criminal Code.

 (4FBB) Subparagraph (4FB)(c)(i) does not apply to the extent that the person divulges or communicates the information to:
 (a) the Special Prosecutor for the purposes of, or in connection with, the performance by the Special Prosecutor of the duties of his or her office; or
 (b) to another person or employee under the control of the Special Prosecutor, for the purposes of, or in connection with, the performance by that other person or employee of the duties of his or her office or employment, as the case may be.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4FBB), see subsection 13.3(3) of the Criminal Code.