Document ID: chunk:federal_register_of_legislation:C2004A00922:clause:4_49
Version: federal_register_of_legislation:C2004A00922
Segment Type: clause
Provision Reference: sch 4 cl 49
Character Range: 52209–54395

49  Subsection 16(4F)
Repeal the subsection, substitute:

 (4F) Where information is communicated to the Commissioner of the Australian Federal Police under subsection (4E):
 (a) the Commissioner of the Australian Federal Police must not divulge or communicate the information; and
 (b) a person who has ceased to be the Commissioner of the Australian Federal Police must not make a record of the information, or divulge or communicate the information, in any circumstances; and
 (c) a person to whom information has been communicated in accordance with subsection (4FAA) or (4FAB) must not:
 (i) while he or she is a person or employee under the control of the Commissioner of the Australian Federal Police—divulge or communicate the information; or
 (ii) after he or she ceases to be a person or employee under the control of the Commissioner of the Australian Federal Police—make a record of the information, or divulge or communicate the information, in any circumstances.

 (4FAA) Paragraph (4F)(a) does not apply to the extent that the Commissioner of the Australian Federal Police 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 that person or employee of the duties of his or her office or employment.

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

 (4FAB) Subparagraph (4F)(c)(i) does not apply to the extent that the person divulges or communicates the information:
 (a) to the Commissioner of the Australian Federal Police for the purposes of, or in connection with, the performance by the Commissioner of the Australian Federal Police of the duties of his or her office; or
 (b) another person or employee under the control of the Commissioner of the Australian Federal Police for the purposes of, or in connection with, the performance by that person or employee of the duties of his or her office or employment, as the case may be.

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