Document ID: chunk:federal_register_of_legislation:C2016C01035:clause:1_4:p2
Version: federal_register_of_legislation:C2016C01035
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 2/7)
Character Range: 69373–72084

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 apply if:
 (a) the entity is an officer of a *law enforcement agency; and
 (b) the information was acquired by the entity under subsection (1) or this paragraph; 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.

355‑195  Exception—on‑disclosure by Royal Commissions
 (1) Section 355‑155 does not apply if:
 (a) the entity is a member of a Royal Commission to which column 2 of item 5 of the table in subsection 355‑70(1) relates; and
 (b) the information was acquired by the entity under item 5 of the table in subsection 355‑70(1); and
 (c) the record or disclosure is in accordance with section 6P of the Royal Commissions Act 1902.
Note 1: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
Note 2: Section 6P of the Royal Commissions Act 1902 sets out the circumstances in which a Royal Commission covered by that Act may disclose information it acquires in the course of its inquiry.
 (2) Section 355‑155 does not apply to particular information if the information was disclosed under subsection (1).
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.

355‑200  Exception—records made in compliance with Australian laws
  Section 355‑155 does not apply if the record is made in compliance with a requirement of an *Australian law.
Example: The Australian Taxation Office obtains information about an entity from a credit reporting agency by giving a notice under section 264 of the Income Tax Assessment Act 1936. The agency is not committing an offence under section 355‑155 by making a record of the disclosure in the entity's credit information file, as required by subsection 18K(5) of the Privacy Act 1988.
Note: A defendant bears an evidential burden in relation to the matters in