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.
Note: 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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