Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p2
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/14)
Character Range: 1641056–1643769

the disclosure is to:
 (i) the Commonwealth Ombudsman or a Deputy Commonwealth Ombudsman; or
 (ii) a member of staff referred to in subsection 31(1) of the Ombudsman Act 1976; and
 (d) the record or disclosure is for the purpose of the performance of a function or duty of the Commonwealth Ombudsman, the Deputy Commonwealth Ombudsman or the member of staff, under the Ombudsman Act 1976.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
 (2) Section 355‑155 does not apply if:
 (a) the entity is:
 (i) the Commonwealth Ombudsman or a Deputy Commonwealth Ombudsman; or
 (ii) a member of staff referred to in subsection 31(1) of the Ombudsman Act 1976; and
 (b) the information was acquired by the entity under subsection (1) or this subsection; and
 (c) the record or disclosure is for the purpose of the performance of a function or duty of the Commonwealth Ombudsman, the Deputy Commonwealth Ombudsman or the member of staff, under the Ombudsman Act 1976.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

355‑185  Exception—on‑disclosure to IGIS officials
 (1) Section 355‑155 does not apply if:
 (a) the entity is an officer of an *Australian government agency; and
 (b) the record is made for, or the disclosure is to, an *IGIS official; and
 (c) the record or disclosure is for the purposes of the IGIS official performing functions or duties, or exercising powers, as an IGIS official.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
 (2) Section 355‑155 does not apply if:
 (a) the entity is an *IGIS official; and
 (b) the information was acquired by the entity under subsection (1) or this subsection; and
 (c) the record or disclosure is for the purposes of the IGIS official performing functions or duties, or exercising powers, as an IGIS official.

355‑190  Exception—on‑disclosure in relation to ASIO
 (1) Section 355‑155 does not apply if:
 (a) the entity is an *authorised ASIO officer; and
 (b) the record is made for, or the disclosure is to, an officer of a *law enforcement agency; and
 (c) the record or disclosure is for the purpose of, or in connection with:
 (i) investigating a *serious offence; or
 (ii) enforcing a law, the contravention of which is a serious offence; or
 (iii) the making, or proposed or possible making, of a *proceeds of crime order.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
 (2) Section 355‑155 does not