Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:1_130
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 1 cl 130
Character Range: 28998–30274

130  After subsection 191(2)
Insert:
 (2A) It is a defence to a prosecution for contravening subsection (2), if:
 (a) in relation to a prosecution for divulging information to a person or body:
 (i) the information relates either to a housing loan or a business loan made, or treated as having been made, by Indigenous Business Australia or to a grant made, or treated as having been made, by Indigenous Business Australia, in relation to a housing loan or a business loan; and
 (ii) the information was communicated to a person authorised in writing by the person to whose affairs the document relates to receive the information; or
 (b) in relation to a prosecution for producing a document to a person or body:
 (i) the document relates either to a housing loan or a business loan made, or treated as having been made, by Indigenous Business Australia or to a grant made, or treated as having been made, by Indigenous Business Australia, in relation to a housing loan or a business loan; and
 (ii) the document was produced to a person authorised in writing by the person to whose affairs the document relates to receive the document.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).