Document ID: chunk:federal_register_of_legislation:C2019A00072:clause:1_3:p5
Version: federal_register_of_legislation:C2019A00072
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 5/6)
Character Range: 14712–17533

trial by jury for an offence against this Division, regard may be had to a matter because of subsection (1), the court must warn the jury that it must be satisfied beyond reasonable doubt in determining the question.

Subdivision D—Relationship with other laws

273B.8  Relationship with State and Territory laws
  This Division applies to the exclusion of a law, or a provision of a law, of a State or Territory that has the effect of making a person liable to be prosecuted for an offence against any law for failing to:
 (a) reduce or remove a risk of a child being subjected to conduct constituting a child sexual abuse offence; or
 (b) disclose to a police force or a police service information relating to whether a person has engaged, or will engage, in conduct constituting a child sexual abuse offence;
to the extent that the law or provision would otherwise apply in relation to conduct in which the person engages in the person's capacity as a Commonwealth officer.

273B.9  Protection from other laws etc. for complying with this Division

Scope
 (1) A person engages in protected conduct if the person:
 (a) engages in conduct in avoidance, or purported avoidance, of liability for an offence against this Division; and
 (b) the conduct is genuine and proportionate for that purpose.
 (2) This section does not apply to liability in any civil, criminal or administrative proceedings (including disciplinary proceedings) (relevant proceedings) for knowingly making a statement that is false or misleading.
 (3) Without limiting subsection (2), this section does not apply to liability for an offence against any of the following provisions:
 (a) section 137.1 (false or misleading information);
 (b) section 137.2 (false or misleading documents);
 (c) section 144.1 (forgery);
 (d) section 145.1 (using forged document).
 (4) This section does not prevent a person from being liable in any relevant proceedings for conduct of the person that is revealed by a disclosure of information.

Protection against liability for engaging in protected conduct
 (5) If a person engages in protected conduct:
 (a) the person is not subject to any liability in relevant proceedings for engaging in the protected conduct; and
 (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the protected conduct being engaged in; and
 (c) the person is not to be considered to have breached any professional ethics in respect of the protected conduct.
 (6) Professional ethics includes the following (without limitation):
 (a) rules of professional conduct;
 (b) rules of professional etiquette;
 (c) a code of ethics;
 (d) standards of professional conduct.
 (7) Without limiting subsection (5):
 (a) if the person engages in protected conduct by