Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_10:p10
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 10/31)
Character Range: 539825–542514

of the Criminal Code.

Exception—authorised or required by certain State or Territory laws
 (4) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of a State or Territory:
 (a) that relates to the administration, regulation or funding of education; or
 (b) that is specified in the Administration Guidelines for the purposes of this paragraph.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.

179‑15  Meanings of officer etc. and official employment

Meaning of officer
 (1) A person is an officer if:
 (a) the person is or was a *Commonwealth officer (see subsection (2)); or
 (b) the person is or was an *officer of a higher education provider (see subsection (3)); or
 (ba) the person is or was an *officer of a registered higher education provider (see subsection (3AA)); or
 (c) the person is or was an *officer of Open Universities Australia (see subsection (3A)); or
 (d) the person is or was an *officer of a Tertiary Admission Centre (see subsection (3B)).
 (2) A Commonwealth officer is a person who holds office under, or is employed by, the Commonwealth, and includes the following:
 (a) a person appointed or engaged under the Public Service Act 1999;
 (b) a person permanently or temporarily employed:
 (i) in the Public Service of a Territory (other than the Northern Territory); or
 (ii) in, or in connection with, the Defence Force; or
 (iii) in the Service of any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);
 (c) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979);
 (d) a person who, although not holding office under, or employed by:
 (i) the Commonwealth; or
 (ii) a Territory (other than the Northern Territory); or
 (iii) any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);
  performs services for or on behalf of the Commonwealth, a Territory (other than the Northern Territory), or such an authority or body;
 (e) a person who is an employee of the Australian Postal Corporation;
 (f) a person who performs services for or on behalf of the Australian Postal Corporation;
 (g) an employee of a person who performs services for or on behalf of the Australian Postal Corporation.
 (3) A person is an officer of a higher education provider if the person is:
 (a) an