Document ID: chunk:federal_register_of_legislation:C2004A00922:clause:4_48
Version: federal_register_of_legislation:C2004A00922
Segment Type: clause
Provision Reference: sch 4 cl 48
Character Range: 50220–52209

48  Subsection 16(4E)
Repeal the subsection, substitute:

 (4E) Where information is communicated to the Attorney‑General under paragraph (4A)(b), the Attorney‑General may communicate the information to the Commissioner of the Australian Federal Police.

 (4EA) Subject to subsection (4E), the Attorney‑General must not divulge or communicate information communicated to the Attorney‑General under paragraph (4A)(b).

 (4EB) Subsection (4EA) does not apply to the extent that the Attorney‑General divulges or communicates the information to a person or employee under his or her control for the purposes of, or in connection with, the performance by the Attorney‑General of his or her function under subsection (4E).

Note: A defendant bears an evidential burden in relation to the matters in subsection (4EB), see subsection 13.3(3) of the Criminal Code.

 (4EC) A person who has ceased to be the Attorney‑General must not make a record of information communicated to the person under paragraph (4A)(b), or divulge or communicate the information, in any circumstances.

 (4ED) A person to whom information has been communicated in accordance with subsection (4EB) or (4EE) must not:
 (a) while he or she is a person or employee under the control of the Attorney‑General—divulge or communicate the information; or
 (b) after he or she ceases to be a person or employee under the control of the Attorney‑General—make a record of the information, or divulge or communicate the information, in any circumstances.

 (4EE) Paragraph (4ED)(a) does not apply to the extent that the person divulges or communicates the information to the Attorney‑General or another person or employee under the control of the Attorney‑General for the purposes of, or in connection with, the performance by the Attorney‑General of his or her function under subsection (4E).

Note: A defendant bears an evidential burden in relation to the matters in subsection (4EE), see subsection 13.3(3) of the Criminal Code.