Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p157
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 157/268)
Character Range: 764639–767515

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) To avoid doubt, a defence to an offence may constitute an authorisation for the purposes of paragraph (9)(b).

Removing, holding or otherwise dealing with information for the purposes of communicating information
 (11) For the purposes of subsection (3), (4), (5) or (5A), it is not necessary to prove that information, that was removed, held or otherwise dealt with for the purposes of communicating it, was actually communicated.

Burden of proof for integrity agency officials
 (12) Despite subsection 13.3(3), in a prosecution for an offence against this Division, a person mentioned in subparagraph (3)(a)(i), (ii), (iia) or (iii) does not bear an evidential burden in relation to the matter in:
 (a) subsection (1), (4) or (4A); or
 (b) either of the following:
 (i) subparagraph (3)(a)(i), (ii), (iia) or (iii);
 (ii) paragraph (3)(b), to the extent that that paragraph relates to the Inspector‑General of Intelligence and Security, the Ombudsman, the Australian Information Commissioner, the National Anti‑Corruption Commissioner or the Inspector of the National Anti‑Corruption Commission.

Defences do not limit each other
 (13) No defence in this section limits the operation of any other defence in this section.

Division 123—Miscellaneous

123.1  Injunctions

Enforceable provisions
 (1) The provisions of Division 122 are enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person and relevant court
 (2) For the purposes of Part 7 of the Regulatory Powers Act, as that Part applies to the provisions of Division 122 of this Act:
 (a) the Minister is an authorised person; and
 (b) each of the following is a relevant court:
 (i) the Federal Court of Australia;
 (ii) the Federal Circuit