Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p154
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 154/268)
Character Range: 756865–759851

of the following:
 (i) the Inspector‑General of Intelligence and Security, or a person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986;
 (ii) the Commonwealth Ombudsman, or another officer within the meaning of subsection 35(1) of the Ombudsman Act 1976;
 (iia) the Australian Information Commissioner, a member of the staff of the Office of the Australian Information Commissioner, or a consultant engaged under the Australian Information Commissioner Act 2010;
 (iii) the National Anti‑Corruption Commissioner or another staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022);
 (iv) the Inspector of the National Anti‑Corruption Commission or a person assisting the Inspector (within the meaning of the National Anti‑Corruption Commission Act 2022); and
 (b) for the purpose of the Inspector‑General, the Ombudsman, the Australian Information Commissioner, the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission (as the case requires) exercising a power, or performing a function or duty.
Note: A person mentioned in paragraph (3)(a) does not bear an evidential burden in relation to the matters in this subsection (see subsection (12)).

Information communicated etc. in accordance with the Public Interest Disclosure Act 2013 or the Freedom of Information Act 1982
 (4) It is a defence to a prosecution for an offence by a person against this Division that the person communicated the relevant information, or removed, held or otherwise dealt with the relevant information for the purpose of communicating it, in accordance with:
 (a) the Public Interest Disclosure Act 2013; or
 (b) the Freedom of Information Act 1982.
Note: A defendant may bear an evidential burden in relation to the matters in this subsection (see subsection (12) of this section and subsection 13.3(3)).

Information communicated etc. for the purpose of reporting offences and maladministration
 (4A) It is a defence to a prosecution for an offence by a person against this Division that the person communicated, removed, held or otherwise dealt with the relevant information for the primary purpose of reporting, to an appropriate agency of the Commonwealth, a State or a Territory:
 (a) a criminal offence, or alleged criminal offence, against a law of the Commonwealth; or
 (b) maladministration relating to the prevention, detection, investigation, prosecution or punishment of a criminal offence against a law of the Commonwealth; or
 (c) maladministration relating to the performance of functions of the Australian Federal Police under:
 (i) the Australian Federal Police Act 1979; or
 (ii) the Proceeds of Crime Act 2002.
Note: A defendant may bear an evidential burden in relation to the matters in this subsection (see subsection (12) of this section and subsection 13.3(3)).

Information communicated etc. to a court or tribunal
 (5) It is a defence to a prosecution