Document ID: chunk:federal_register_of_legislation:C2016C01035:clause:2_93:p3
Version: federal_register_of_legislation:C2016C01035
Segment Type: clause
Provision Reference: sch 2 cl 93 (pt 3/3)
Character Range: 105333–106534

subsection 13.3(3) of the Criminal Code.
 (4) Subsection (1) does not apply if:
 (a) the information was originally disclosed under an exception in section 70‑40 for a purpose specified in that exception (the original purpose); and
 (b) the information was acquired by the person under this section or an exception in section 70‑40; and
 (c) the record or disclosure is made by the person for the original purpose, or in connection with the original purpose.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4): see subsection 13.3(3) of the Criminal Code.
 (5) Without limiting subsection (4), a record or disclosure is made by the person in connection with the original purpose if the record or disclosure is for purposes of criminal, civil or administrative proceedings (including merits review or judicial review) that are related to the original purpose.

Limit on on‑disclosure to courts or tribunals
 (6) A person is not to be required to disclose to a court or tribunal information that was acquired by the person under this section, except if it is necessary to do so for the purpose of carrying into effect the provisions of this Act or the regulations.