Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p11
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 11/12)
Character Range: 108955–111862

removal, holding or dealing is in accordance with the express or implied consent of the person to whom the information relates.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (10) To avoid doubt, a defence to an offence may constitute an authorisation for the purposes of paragraph (9)(b).

Removing, holding or otherwise dealing with information for the purposes of communicating information
 (11) For the purposes of subsection (3), (4), (5) or (5A), it is not necessary to prove that information, that was removed, held or otherwise dealt with for the purposes of communicating it, was actually communicated.

Burden of proof for integrity agency officials
 (12) Despite subsection 13.3(3), in a prosecution for an offence against this Division, a person mentioned in subparagraph (3)(a)(i), (ii), (iia) or (iii) does not bear an evidential burden in relation to the matter in:
 (a) subsection (1), (4) or (4A); or
 (b) either of the following:
 (i) subparagraph (3)(a)(i), (ii), (iia) or (iii);
 (ii) paragraph (3)(b), to the extent that that paragraph relates to the Inspector‑General of Intelligence and Security, the Ombudsman, the Australian Information Commissioner or the Law Enforcement Integrity Commissioner.

Defences do not limit each other
 (13) No defence in this section limits the operation of any other defence in this section.

Division 123—Miscellaneous

123.1  Injunctions

Enforceable provisions
 (1) The provisions of Division 122 are enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.

Authorised person and relevant court
 (2) For the purposes of Part 7 of the Regulatory Powers Act, as that Part applies to the provisions of Division 122 of this Act:
 (a) the Minister is an authorised person; and
 (b) each of the following is a relevant court:
 (i) the Federal Court of Australia;
 (ii) the Federal Circuit Court of Australia;
 (iii) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Extension to external Territories
 (3) Part 7 of the Regulatory Powers Act, as that Part applies to the provisions of Division 122 of this Act, extends to every external Territory.

123.2  Forfeiture of articles etc.
 (1) A sketch, article, record or document which is made, obtained, recorded, retained, possessed or otherwise dealt with in contravention of this Part is forfeited to the Commonwealth.
 (2) In subsection (1), sketch, article and record have the same respective meanings as in Part 5.2.

123.3  Extended geographical jurisdiction—category D
  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Part.

123.4  Effect of this Part on other rights, privileges, immunities or defences
  Nothing in this