Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15hk:p3
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15HK (pt 3/3)
Character Range: 594961–596274

NACC corruption issue (within the meaning of that Act) in relation to a controlled operation; or
 (ii) misconduct in relation to a controlled operation; and
 (d) the discloser considers that the information may assist a person referred to in paragraph (a) to perform the person's functions or duties; and
 (e) the discloser makes the disclosure in good faith.
Note: A defendant bears an evidential burden in relation to the matters in this subsection—see subsection 13.3(3) of the Criminal Code.

Exception—previously published information
 (4) Subsections (1D) and (1E) do not apply to a person disclosing information if:
 (a) the information has already been communicated, or made available, to the public (the prior publication); and
 (b) the person was not involved in the prior publication (whether directly or indirectly); and
 (c) at the time of the disclosure, the person believes that the disclosure:
 (i) will not endanger the health or safety of any person; and
 (ii) will not prejudice the effective conduct of a controlled operation; and
 (d) having regard to the nature, extent and place of the prior publication, the person has reasonable grounds for that belief.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4)—see subsection 13.3(3) of the Criminal Code.