Social Security and Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 (154 of 2012)

Schedule 3   Social Security Appeals Tribunal

Part 3   Application and transitional provisions for amendments of the Child Support (Registration and Collection) Act 1988

163   Application of amendments relating to non-disclosure directions and orders under the Child Support (Registration and Collection) Act 1988

(1) A direction given to a person under subsection 96(2) of the Child Support (Registration and Collection) Act 1988 before the day on which this item commences continues to have effect on and after that day:

(a) as if subsections 96(2) and (3) of that Act had not been repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (3) existed in relation to an offence under subsection 96(3) of that Act.

(2) An order made under subsection 103Q(1) of the Child Support (Registration and Collection) Act 1988 before the day on which this item commences continues to have effect on and after that day:

(a) as if section 103Q of that Act had not been repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (3) existed in relation to an offence under subsection 103Q(2) of that Act.

(3) A direction or order referred to in this item does not apply to information which the person to whom the direction was given, or in relation to whom the order was made, knew before the disclosure of the information was made to the person.

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