Document ID: chunk:federal_register_of_legislation:C2024C00510:section:25
Version: federal_register_of_legislation:C2024C00510
Segment Type: section
Provision Reference: s 25
Character Range: 52166–53935

25  Defence for disclosure to person to whom information relates or if person to whom information relates consents

Disclosure to person to whom information relates
 (1) Section 21 does not apply if:
 (a) a person (the first person) obtains protected information for a permissible purpose; and
 (b) the information relates to another person; and
 (c) the first person discloses the information to the other person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code.
 (2) If subsection (1) applies in respect of information, then section 21 does not apply to any of the following:
 (a) any record of that information that is made by the person to whom the information relates;
 (b) any disclosure or use of that information by the person to whom the information relates;
 (c) any record of that information that is made by any other person, or any disclosure or use of that information by any other person, which is derived from a record, disclosure or use referred to in paragraph (a) or (b).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.

Consent to disclosure etc. of information
 (3) Section 21 does not apply if:
 (a) a person (the first person) obtains protected information; and
 (b) the person to whom the information relates has expressly consented to the first person making a record of, or disclosing or using, the information for a certain purpose; and
 (c) the first person makes the record, or discloses or uses the information, for that purpose.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.