Document ID: chunk:federal_register_of_legislation:C2004A04760:body:0:p19
Version: federal_register_of_legislation:C2004A04760
Segment Type: other
Provision Reference: 
Character Range: 45841–48843

State under subsection 26A(1);

        (b) enabling the person, organisation or proprietor to make a submission under subsection 27(1);

        (c) enabling the person or the person's legal personal representative to make a submission under subsection 27A(1);

    then:

        (d) no action for defamation, breach of confidence or infringement of copyright lies against the Commonwealth, an agency, a Minister or an officer because of the showing of the document; and

        (e) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the showing of the document lies against the author of the document or any other person because of that author or other person having shown the document.";

  (b) by inserting after subsection (2) the following subsection:

    "(2A) If a document has been shown to a person, organisation or proprietor for any of the following purposes:

      (a) consultation with a State under subsection 26A(1);

        (b) enabling the person, organisation or proprietor to make a submission under subsection 27(1);

        (c) enabling the person or the person's legal personal representative to make a submission under subsection 27A(1);

     the showing of the document is not taken to constitute an authorisation or approval:

        (d) for the purposes of the law relating to defamation or breach of confidence—of the publication of the document or its contents by the person, organisation or proprietor to whom the document is shown; and

        (e) for the purposes of the law of copyright—of the doing, by the person, organisation or proprietor to whom the document is shown, of any act comprised within the copyright in:

            (i) any literary, dramatic, musical or artistic work; or

            (ii) any sound recording, cinematograph film, television broadcast or sound broadcast; or

            (iii) a published edition of a literary, dramatic, musical or artistic work;

        contained in the document.";

  (c) by inserting in subsection (3) "or (2A)(e)" after "(2)(b)".

Protection in respect of offences

55. Section 92 of the Principal Act is amended by adding at the end the following subsection:

"(2) If a document has been shown to a person, organisation or proprietor for any of the following purposes:

  (a) consultation with a State under subsection 26A(1); or

    (b) enabling the person, organisation or proprietor to make a submission under subsection 27(1); or

    (c) enabling the person or the person's legal personal representative to make a submission under subsection 27A(1);

neither the person showing the document nor any person concerned in showing it is guilty of a criminal offence only because of the showing of the document.".

Division 4—Amendments relating to documents containing personal information

Object of Division

56. The object of this Division is to limit the circumstances in which an agency or Minister is required to consult about the