Document ID: chunk:federal_register_of_legislation:C2004A00922:clause:4_50
Version: federal_register_of_legislation:C2004A00922
Segment Type: clause
Provision Reference: sch 4 cl 50
Character Range: 54395–56473

50  Subsection 16(4FA)
Repeal the subsection, substitute:

 (4FA) Where information is communicated to the Director of Public Prosecutions under paragraph (4A)(ba):
 (a) the Director of Public Prosecutions must not divulge or communicate the information; and
 (b) a person who is no longer the Director of Public Prosecutions must not make a record of the information, or divulge or communicate the information, in any circumstances; and
 (c) a person to whom information has been communicated in accordance with subsection (4FAAA) or (4FAAB) must not:
 (i) while he or she is a person or employee under the control of the Director of Public Prosecutions—divulge or communicate the information; or
 (ii) when he or she is no longer a person or employee under the control of the Director of Public Prosecutions—make a record of the information, or divulge or communicate the information, in any circumstances.

 (4FAAA) Paragraph (4FA)(a) does not apply to the extent that the Director of Public Prosecutions divulges or communicates the information to a person or employee under his or her control for the purposes of, or in connection with, the performance by that person or employee of the duties of his or her office or employment.

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

 (4FAAB) Subparagraph (4FA)(c)(i) does not apply to the extent that the person divulges or communicates the information to:
 (a) the Director of Public Prosecutions for the purposes of, or in connection with, the performance by the Director of Public Prosecutions of the duties of his or her office; or
 (b) to another person or employee under the control of the Director of Public Prosecutions, for the purposes of, or in connection with, the performance by that other person or employee of the duties of his or her office or employment, as the case may be.

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