Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:18_6
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 18 cl 6
Character Range: 206233–207054

6  After subsection 35P(3)
Insert:
 (3A) Subsections (2) and (2A) do not apply to a person disclosing information if:
 (a) the information has already been communicated, or made available, to the public (the prior publication); and
 (b) the person was not involved in the prior publication (whether directly or indirectly); and
 (c) at the time of the disclosure, the person believes that the disclosure:
 (i) will not endanger the health or safety of any person; and
 (ii) will not prejudice the effective conduct of a special intelligence operation; and
 (d) having regard to the nature, extent and place of the prior publication, the person has reasonable grounds for that belief.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3A)—see subsection 13.3(3) of the Criminal Code.