Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:1_63ad:p2
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 1 cl 63AD (pt 2/2)
Character Range: 71477–73961

make a record of, data disruption intercept information.
 (5) A person may, in connection with:
 (a) the performance by an IGIS official of the IGIS official's functions or duties; or
 (b) the exercise by an IGIS official of the IGIS official's powers;
communicate to the IGIS official, or make use of, or make a record of, data disruption intercept information.
 (6) An IGIS official may, in connection with:
 (a) the performance by the IGIS official of the IGIS official's functions or duties; or
 (b) the exercise by the IGIS official of the IGIS official's powers;
communicate to another person, or make use of, or make a record of, data disruption intercept information.
 (7) 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 data disruption warrant; and
 (c) the interception was not authorised by the data disruption warrant;
then:
 (d) a person may, in connection with:
 (i) the performance by an Ombudsman official of the Ombudsman official's functions or duties; or
 (ii) the exercise by an Ombudsman official of the Ombudsman official's powers;
  communicate to the Ombudsman official, or make use of, or make a record of, that information; and
 (e) an Ombudsman official may, in connection with:
 (i) the performance by the Ombudsman official of the Ombudsman official's functions or duties; or
 (ii) the exercise by the Ombudsman official of the Ombudsman official's powers;
  communicate to another person, or make use of, or make a record of, that information; and
 (f) a person may, in connection with:
 (i) the performance by an IGIS official of the IGIS official's functions or duties; or
 (ii) the exercise by an IGIS official of the IGIS official's powers;
  communicate to the IGIS official, or make use of, or make a record of, that information; and
 (g) an IGIS official may, in connection with:
 (i) the performance by the IGIS official of the IGIS official's functions or duties; or
 (ii) the exercise by the IGIS official of the IGIS official's powers;
  communicate to another person, or make use of, or make a record of, that information.
 (8) Despite subsection 13.3(3) of the Criminal Code, in a prosecution for an offence against section 63 of this Act, an Ombudsman official or an IGIS official does not bear an evidential burden in relation to the matters in subsection (4), (6) or (7) of this section.