Document ID: chunk:federal_register_of_legislation:C2024C00854:section:203e:p2
Version: federal_register_of_legislation:C2024C00854
Segment Type: section
Provision Reference: s 203E (pt 2/2)
Character Range: 830269–832645

he or she believed, on reasonable grounds, that the person who attended the premises of the library or archives, as the case may be, as mentioned in that subsection, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred by subsection (4) and that evidence is not rebutted by the prosecution.
 (9) The body administering a library or archives shall not be convicted of an offence against subsection (6) if the body adduces evidence that it took all reasonable precautions, and exercised due diligence, to ensure that the person who attended the premises of the library or archives, as the case may be, as mentioned in that subsection, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred by subsection (4) and that evidence is not rebutted by the prosecution.
 (10) A person (the defendant) commits an offence if:
 (a) the defendant makes a record of information, or divulges or communicates information; and
 (b) the information was acquired by the defendant either in the course of an inspection the defendant made under subsection (4) or because it was divulged or communicated to the defendant either:
 (i) by another person who acquired the information in the course of an inspection he or she made under subsection (4); or
 (ii) in one of a series of divulgements or communications by different persons that started with a divulgement or communication of the information by a person who acquired it the course of an inspection he or she made under subsection (4).
Penalty: 5 penalty units.
 (10A) Subsection (10) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (11) Subsection (10) does not apply if the defendant makes the record, divulgement or communication with the intention of:
 (a) informing the owner of the copyright in a work or other subject‑matter that a copy has been made of the work or other subject‑matter; or
 (b) enforcing a right that a person has under this Act in connection with a work or other subject‑matter in which copyright subsists; or
 (c) ensuring compliance with a provision of Division 5 of Part III or with a provision of this Part.
Note: The defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code).