Document ID: chunk:federal_register_of_legislation:C2004A00879:clause:1_43
Version: federal_register_of_legislation:C2004A00879
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 12838–14036

43  Subsection 23E(4)
Repeal the subsection, substitute:

 (4) A person commits an offence if:
 (a) information is communicated to the person (the first person) in accordance with paragraph (3)(b) or (ba); and
 (b) the information is communicated by a person (the second person) to whom this section applies; and
 (c) the second person acquired the information because of his or her membership of, or employment by, a Land Council or his or her activities as an authorised person; and
 (d) the information concerns the affairs of a third person; and
 (e) the first person, either directly or indirectly, makes a record of, or divulges or communicates the information to any other person.

Penalty: $1,000 or imprisonment for 6 months.

 (4A) Strict liability applies to paragraphs (4)(a), (b) and (c).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4B) Subsection (4) does not apply if the first person makes the record, or divulges or communicates the information, for the purpose of advising the Minister in connection with this Act.

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