Document ID: chunk:federal_register_of_legislation:C2024A00037:clause:4_2
Version: federal_register_of_legislation:C2024A00037
Segment Type: clause
Provision Reference: sch 4 cl 2
Character Range: 36542–37777

2  After section 355‑180 in Schedule 1
Insert:

355‑181  Exception—on‑disclosure to Ministers in relation to breach of confidence and related matters
  Section 355‑155 does not apply if:
 (a) the entity is the Secretary of the Department or an SES employee of the Department authorised by the Secretary for the purposes of this section (the first entity); and
 (b) the information was obtained by the first entity under the exception in subsection 355‑65(1) operating in relation to item 14 in the table in subsection 355‑65(8); and
 (c) the record is made for, or the disclosure is to, the Minister or the *Finance Minister; and
 (d) the record or disclosure is for the purpose of providing advice to the Minister or the Finance Minister in relation to:
 (i) a breach, or a suspected breach, of an obligation of confidence by another entity (the second entity) against the Commonwealth or a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or
 (ii) any proposed measure or action directed at dealing with such a breach or suspected breach.
Note: A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code.