Document ID: chunk:federal_register_of_legislation:C2012A00154:clause:3_170
Version: federal_register_of_legislation:C2012A00154
Segment Type: clause
Provision Reference: sch 3 cl 170
Character Range: 60112–61734

170  Application of amendments relating to non‑disclosure directions under the Paid Parental Leave Act 2010
(1) A direction given to a person under subsection 233(3) of the Paid Parental Leave Act 2010 before the day on which this item commences continues to have effect on and after that day:
 (a) as if subsections 233(3) and (4) of that Act had not been repealed by this Act; and
 (b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 233(4) of that Act.
(2) A direction given to a person under subsection 245(4) of the Paid Parental Leave Act 2010 before the day on which this item commences continues to have effect on and after that day:
 (a) as if subsections 245(4) and (5) of that Act had not been repealed by this Act; and
 (b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 245(5) of that Act.
(3) A direction given to a person under section 249 of the Paid Parental Leave Act 2010 before the day on which this item commences continues to have effect on and after that day:
 (a) as if section 249 had not been repealed by this Act; and
 (b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 249(2) of that Act.
(4) A direction referred to in this item does not apply to information which the person to whom the direction was given knew before the disclosure of the information was made to the person.
Note: A defendant bears an evidential burden in relation to the matter in subitem (4): see subsection 13.3(3) of the Criminal Code.