Document ID: chunk:federal_register_of_legislation:C2004A00922:clause:3_12
Version: federal_register_of_legislation:C2004A00922
Segment Type: clause
Provision Reference: sch 3 cl 12
Character Range: 16410–16881

12  After subsection 3E(5)
Insert:

 (5A) Subsection (5) does not apply to the extent that the information was divulged or communicated, or the record of the information was made, for, or in connection with:
 (a) the prosecution referred to in subparagraph (4)(a)(i); or
 (b) the proceedings referred to in subparagraph (4)(a)(ii).

Note: A defendant bears an evidential burden in relation to the matters in subsection (5A), see subsection 13.3(3) of the Criminal Code.