Document ID: chunk:federal_register_of_legislation:C2011A00188:clause:1_75
Version: federal_register_of_legislation:C2011A00188
Segment Type: clause
Provision Reference: sch 1 cl 75
Character Range: 10847–13541

75  After subsection 191(2A)
Insert:

Exception—Indigenous Business Australia Chief Executive Officer
 (2B) Despite subsection (2), the Indigenous Business Australia Chief Executive Officer may divulge or communicate information, or produce a document, to the Secretary of the Department for the purposes of the Department.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2B): see subsection 13.3(3) of the Criminal Code.
 (2C) In exercising a power under subsection (2B), the Indigenous Business Australia Chief Executive Officer must act in accordance with any guidelines in force under section 191AA.

Exception—public interest
 (2D) Despite subsection (2), the Indigenous Business Australia Chief Executive Officer may, if he or she determines in writing that it is necessary in the public interest, divulge or communicate information, or produce a document, to specified persons for specified purposes.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2D): see subsection 13.3(3) of the Criminal Code.
 (2E) In making determinations under subsection (2D), the Indigenous Business Australia Chief Executive Officer must act in accordance with any guidelines in force under section 191AA.
 (2F) A determination under subsection (2D) is not a legislative instrument.

Exception—consent
 (2G) Despite subsection (2), a person may:
 (a) divulge or communicate information to a person authorised in writing, by the person to whose affairs the information relates, to receive the information; or
 (b) produce a document 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 (2G): see subsection 13.3(3) of the Criminal Code.

Exception—information already publicly available
 (2H) Despite subsection (2), a person may:
 (a) make a record of information, if the information is already publicly available; or
 (b) divulge or communicate information to a person, if the information is already publicly available; or
 (c) produce a document to a person, if the information contained in the document is already publicly available.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2H): see subsection 13.3(3) of the Criminal Code.

Exception—making records
 (2J) Despite subsection (2), a person may make a record of information in connection with the exercise of a power under subsection (2B), (2D) or (2G).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2J): see subsection 13.3(3) of the Criminal Code.