Document ID: chunk:federal_register_of_legislation:C2004A00923:clause:1_5
Version: federal_register_of_legislation:C2004A00923
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 3977–4678

5  After subsection 78(4)
Insert:

 (4A) Subsection (4) does not apply to the extent that the person makes the record of the information, or divulges or communicates the information, for the purposes of this Chapter or in the performance of the person's duties as an officer.

Note: A defendant bears an evidential burden in relation to the matters in subsection (4A), see subsection 13.3(3) of the Criminal Code.

 (4B) For the purposes of an offence against subsection (4), strict liability applies to the physical element of circumstance, that the information was disclosed or obtained under or for the purposes of this Chapter.

Note: For strict liability, see section 6.1 of the Criminal Code.