355-190

Exception—on‑disclosure in relation to ASIO

Current

(1)

Section 355‑155 does not apply if:

(a)

the entity is an *authorised ASIO officer; and

(b)

the record is made for, or the disclosure is to, an officer of a *law enforcement agency; and

(c)

the record or disclosure is for the purpose of, or in connection with:

(i)

investigating a *serious offence; or

(ii)

enforcing a law, the contravention of which is a serious offence; or

(iii)

the making, or proposed or possible making, of a *proceeds of crime order.

Note:

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

(2)

Section 355‑155 does not apply if:

(a)

the entity is an officer of a *law enforcement agency; and

(b)

the information was acquired by the entity under subsection (1) or this paragraph; and

(c)