Document ID: chunk:federal_register_of_legislation:C2004A00922:clause:3_5
Version: federal_register_of_legislation:C2004A00922
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 12517–14657

5  Subsection 3D(15)
Repeal the subsection, substitute:

 (15) Where information is communicated under paragraph (11)(e) to the commanding officer of a Police Force:
 (a) that commanding officer must not divulge or communicate the information; and
 (b) a person who is no longer the commanding officer of that Police Force 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 (15A) or (15B) must not:
 (i) while he or she is a person or employee under the control of the commanding officer of that Police Force—divulge or communicate the information; or
 (ii) when he or she is no longer a person or employee under the control of the commanding officer of that Police Force—make a record of the information, or divulge or communicate the information, in any circumstances.

 (15A) Paragraph (15)(a) does not apply where the commanding officer, while still the commanding officer of that Police Force, 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 (15A), see subsection 13.3(3) of the Criminal Code.

 (15B) Subparagraph (15)(c)(i) does not apply where the person, while he or she is a person or employee under the control of the commanding officer of that Police Force, divulges or communicates the information to:
 (a) that commanding officer for the purposes of, or in connection with, the performance by that commanding officer of the duties of his or her office; or
 (b) to another person or employee under the control of that commanding officer 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 (15B), see subsection 13.3(3) of the Criminal Code.