Document ID: chunk:federal_register_of_legislation:C2024C00534:section:77:p2
Version: federal_register_of_legislation:C2024C00534
Segment Type: section
Provision Reference: s 77 (pt 2/3)
Character Range: 273007–275761

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (2B) Despite subsection (2), any of the following persons may make a copy or record of, or divulge to any other of the following persons, protected information or a protected document, for the purposes of conducting, or assisting a person to conduct, the evaluation mentioned in section 78A:
 (a) a person mentioned in subsection (2A) of this section;
 (b) a person conducting the evaluation;
 (c) a person assisting a person to conduct the evaluation.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (3) Despite subsection (2), the Secretary or the Chief Executive Medicare may:
 (a) if the Minister certifies, in writing, that it is necessary in the public interest that any protected information should be divulged, divulge that information to such person as the Minister directs; or
 (b) divulge any protected information to a person who, in the opinion of the Minister, is expressly or impliedly authorised by the person to whom the information relates to obtain it.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (4) Despite subsection (2), the Secretary or the Chief Executive Medicare may divulge any protected information to an authority or person if:
 (a) the authority or person is specified in rules made for the purposes of this subsection; and
 (b) the information is information of a kind that may, in accordance with the rules, be provided to the authority or person.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
 (5) If protected information is divulged to an authority or person under subsection (2A), (2B), (3) or (4):
 (a) the authority or person; and
 (b) any person or employee under the control of the authority or person;
is, in respect of that information, subject to the same rights, privileges, obligations and liabilities under subsection (2) as if he or she were a person performing duties under the medical indemnity legislation and had acquired the information in the performance of those duties.
 (5A) Despite subsection (2), an officer may make a record of information with the express or implied authorisation of the person to whom the information relates.
 (6) This section does not prohibit the divulging or communicating to a person of information that relates to the person.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).