Authorisation of use of documents
5 Authorisation of use of documents
Notwithstanding section 4, the Minister may, by writing signed by him or her, authorize the giving of access, in a form or forms specified in the instrument of authorization, to documents prepared or obtained in the conduct of a prescribed study to persons assisting in the conduct of another prescribed study, and, where such an authorization is given, it is a defence to a prosecution for a contravention of section 4 that is constituted by the giving of access to a document if the access was given in accordance with the authorization.
The defendant bears an evidential burden in relation to establishing that the access was given in accordance with the authorization. See subsection 13.3(3) of the Criminal Code.
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