Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p9
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 9/12)
Character Range: 103922–106734

providing legal advice
 (5A) It is a defence to a prosecution for an offence by a person against this Division that the person communicated, removed, held or otherwise dealt with the relevant information for the primary purpose of obtaining or providing, in good faith, legal advice in relation to:
 (a) an offence against this Part; or
 (b) the application of any right, privilege, immunity or defence (whether or not in this Part) in relation to such an offence;
whether that advice was obtained or provided before or after the person engaged in the conduct constituting the offence.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Information communicated etc. by persons engaged in business of reporting news etc.
 (6) It is a defence to a prosecution for an offence by a person against this Division that the person communicated, removed, held or otherwise dealt with the relevant information in the person's capacity as a person engaged in the business of reporting news, presenting current affairs or expressing editorial or other content in news media, and:
 (a) at that time, the person reasonably believed that engaging in that conduct was in the public interest (see subsection (7)); or
 (b) the person:
 (i) was, at that time, a member of the administrative staff of an entity that was engaged in the business of reporting news, presenting current affairs or expressing editorial or other content in news media; and
 (ii) acted under the direction of a journalist, editor or lawyer who was also a member of the staff of the entity, and who reasonably believed that engaging in that conduct was in the public interest (see subsection (7)).
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (7) Without limiting paragraph (6)(a) or (b), a person may not reasonably believe that communicating, removing, holding or otherwise dealing with information is in the public interest if:
 (a) engaging in that conduct would be an offence under section 92 of the Australian Security Intelligence Organisation Act 1979 (publication of identity of ASIO employee or ASIO affiliate); or
 (b) engaging in that conduct would be an offence under section 41 of the Intelligence Services Act 2001 (publication of identity of staff); or
 (c) engaging in that conduct would be an offence under section 22, 22A or 22B of the Witness Protection Act 1994 (offences relating to Commonwealth, Territory, State participants or information about the national witness protection program); or
 (d) that conduct was engaged in for the purpose of directly or indirectly assisting a foreign intelligence agency or a foreign military organisation.

Information that has been previously communicated