Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p4
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 4/14)
Character Range: 1646096–1648824

Code.

355‑195  Exception—on‑disclosure by Royal Commissions
 (1) Section 355‑155 does not apply if:
 (a) the entity is a member of a Royal Commission to which column 2 of item 5 of the table in subsection 355‑70(1) relates; and
 (b) the information was acquired by the entity under item 5 of the table in subsection 355‑70(1); and
 (c) the record or disclosure is in accordance with section 6P of the Royal Commissions Act 1902.
Note 1: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
Note 2: Section 6P of the Royal Commissions Act 1902 sets out the circumstances in which a Royal Commission covered by that Act may disclose information it acquires in the course of its inquiry.
 (2) Section 355‑155 does not apply to particular information if the information was disclosed under subsection (1).
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

355‑200  Exception—records made in compliance with Australian laws
  Section 355‑155 does not apply if the record is made in compliance with a requirement of an *Australian law.
Example: The Australian Taxation Office obtains information about an entity from a credit reporting body by giving a notice under paragraph 353‑10(1)(c). The body is not committing an offence under section 355‑155 by making a written note of the disclosure as required by subsection 20E(5) of the Privacy Act 1988.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.

355‑205  Limits on on‑disclosure to courts or tribunals
  An entity is not to be required to disclose to a court or tribunal *protected information that was acquired by the entity under Subdivision 355‑B or this Subdivision, except where it is necessary to do so for the purpose of carrying into effect the provisions of:
 (a) a *taxation law; or
 (b) if the entity has or had duties, functions or powers under the Foreign Acquisitions and Takeovers Act 1975—that Act.
Note: See also section 8ZK of this Act (about protection of witnesses).

355‑210  Limits on on‑disclosure to Ministers
 (1) Sections 355‑170, 355‑180, 355‑181 and 355‑195 are the only exceptions to the prohibition in section 355‑155 on which an entity who has acquired *protected information (otherwise than as a *taxation officer) can rely in making a record of the information for, or disclosing the information to, a Minister, whether or not provided to a Minister in the course of, or for the purposes of or incidental to, the transacting of the business of a House of the Parliament or of a committee of one