Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p10
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 10/12)
Character Range: 106448–109205

State participants or information about the national witness protection program); or
 (d) that conduct was engaged in for the purpose of directly or indirectly assisting a foreign intelligence agency or a foreign military organisation.

Information that has been previously communicated
 (8) It is a defence to a prosecution for an offence by a person against this Division if:
 (a) the person did not make or obtain the relevant information by reason of any of the following:
 (i) his or her being, or having been, a Commonwealth officer;
 (ii) his or her being otherwise engaged to perform work for a Commonwealth entity;
 (iii) an arrangement or agreement to which the Commonwealth or a Commonwealth entity is party and which allows for the exchange of information; and
 (b) the information has already been communicated, or made available, to the public (the prior publication); and
 (c) the person was not involved in the prior publication (whether directly or indirectly); and
 (d) at the time of the communication, removal, holding or dealing, the person believes that engaging in that conduct will not cause harm to Australia's interests or the security or defence of Australia; and
 (e) 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 this subsection (see subsection 13.3(3)).

Information relating to a person etc.
 (9) It is a defence to a prosecution for an offence by a person against this Division if:
 (a) the person did not make or obtain the relevant information by reason of any of the following:
 (i) his or her being, or having been, a Commonwealth officer;
 (ii) his or her being otherwise engaged to perform work for a Commonwealth entity;
 (iii) an arrangement or agreement to which the Commonwealth or a Commonwealth entity is party and which allows for the exchange of information; and
 (b) at the time of the communication, removal, holding or dealing, the person believes that the making or obtaining of the information by the person was required or authorised by law; and
 (c) having regard to the circumstances of the making or obtaining of the information, the person has reasonable grounds for that belief; and
 (d) any of the following apply:
 (i) the person communicates the information to the person to whom the information relates;
 (ii) the person is the person to whom the information relates;
 (iii) the communication, removal, holding or dealing is in accordance with the express or implied consent of the person to whom the information relates.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (10)