Defence for use of information under particular laws

Current

Subsection 90(1) does not apply if the record, disclosure or other use of the information is required or authorised under:

(a)

this Part; or

(aa)

the Australian Centre for Disease Control Act 2025; or

(b)

the Crimes (Biological Weapons) Act 1976; or

(c)

Part 5.3 or 5.5 of the Criminal Code; or

(d)

Part VIA of the Privacy Act 1988; or

(e)

any other prescribed law of the Commonwealth or of a State or Territory.

Note 1:

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

Note 2:

The National Security Information (Criminal and Civil Proceedings) Act 2004 may apply to proceedings under this Part.

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