Document ID: chunk:federal_register_of_legislation:C2012A00194:clause:1_21
Version: federal_register_of_legislation:C2012A00194
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 10017–11368

21  After subsection 15HK(2)
Insert:

Exceptions—integrity testing controlled operation authority
 (2A) Subsection (1) does not apply, in the case of a controlled operation authorised by an integrity testing controlled operation authority (granted on the basis that an integrity testing authority is in effect), if the disclosure was:
  (a) in any of the circumstances mentioned in paragraphs (2)(a) to (e); or
 (b) in connection with the administration or execution of Part IABA, or the Law Enforcement Integrity Commissioner Act 2006, in relation to the integrity testing authority; or
 (c) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, the controlled operation; or
 (d) in relation to the integrity testing authority:
 (i) for the purposes of any disciplinary or legal action in relation to a staff member of a target agency, if arising out of, or otherwise related to, an integrity testing operation authorised by the authority; or
 (ii) to an authority of the Commonwealth, a State or a Territory, if the disclosure relates to the misconduct of an employee or officer of the authority.
Note: A defendant bears an evidential burden in relation to the matters in this subsection—see subsection 13.3(3) of the Criminal Code.

Exception—misconduct