Document ID: chunk:federal_register_of_legislation:C2024C00822:section:29:p2
Version: federal_register_of_legislation:C2024C00822
Segment Type: section
Provision Reference: s 29 (pt 2/2)
Character Range: 33067–34809

the IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) A person to whom this section applies must not be required to do either of the following unless that disclosure or production is necessary for the purposes of this Act:
 (a) disclose to a court information that the person acquired in the course of performing functions or exercising powers under this Act for the purposes of another Act (or an instrument under another Act) that confers an information commissioner function, a freedom of information function or a privacy function;
 (b) produce all or part of a document that contains information of that kind to a court.
 (4) For the purposes of subsection (3), court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
 (5) This subsection covers information that:
 (a) was acquired in the course of performing a function described in paragraph 9(1)(b) (about the consumer data right), or exercising a related power; or
 (b) could be relevant to either of the following decisions:
 (i) a decision under subsection 56CA(1) (about accreditation for the consumer data right) of the Competition and Consumer Act 2010;
 (ii) a decision under the consumer data rules (within the meaning of that Act) relating to a person's accreditation under subsection 56CA(1) of that Act.
 (6) In this Act:
IGIS official means:
 (a) the Inspector‑General of Intelligence and Security; or
 (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986.