Document ID: chunk:federal_register_of_legislation:C2024C00749:section:63ab:p2
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 63AB (pt 2/2)
Character Range: 341618–344077

Commission; or
 (b) a person assisting the NACC Inspector;
communicate to the Inspector or the person assisting (as the case requires), or make use of, or make a record of, general computer access intercept information.
 (4) The information that may be communicated, used or recorded under subsection (3) is:
 (a) general computer access intercept information; or
 (b) information that was obtained by intercepting a communication passing over a telecommunications system if:
 (i) the interception was purportedly for the purposes of doing a thing specified in a general computer access warrant; and
 (ii) the interception was not authorised by the general computer access warrant.
 (4A) The Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector may, in connection with:
 (a) the performance of their functions or duties; or
 (b) the exercise of their powers;
communicate to another person, or make use of, or make a record of, general computer access intercept information.
 (5) Despite subsections 13.3(2) and (3) of the Criminal Code, in a prosecution for an offence against section 63 of this Act, an Ombudsman official does not bear an evidential burden in relation to the matters in subsection (3) of this section.
Note: An IGIS official also does not bear an evidential burden in relation to the matters in subsection (3) of this section (see section 34C of the Inspector‑General of Intelligence and Security Act 1986).
 (5A) If:
 (a) information was obtained by intercepting a communication passing over a telecommunications system; and
 (b) the interception was purportedly for the purposes of doing a thing specified in a general computer access warrant; and
 (c) the interception was not authorised by the general computer access warrant;
then:
 (d) a person may, in connection with the performance of a function or duty, or the exercise of a power, of:
 (i) the Inspector of the National Anti‑Corruption Commission; or
 (ii) a person assisting the NACC Inspector;
  communicate to the Inspector or the person assisting (as the case requires), or make use of, or make a record of, that information; and
 (e) the Inspector of the National Anti‑Corruption Commission or a person assisting the NACC Inspector may, in connection with:
 (i) the performance of their functions or duties; or
 (ii) the exercise of their powers;
  communicate to another person, or make use of, or make a record of, that information.