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

Schedule 3   Social Security Appeals Tribunal

Part 4   Application and transitional provisions for amendments of the Paid Parental Leave Act 2010

170   Application of amendments relating to non-disclosure directions under the Paid Parental Leave Act 2010

(1) A direction given to a person under subsection 233(3) of the Paid Parental Leave Act 2010 before the day on which this item commences continues to have effect on and after that day:

(a) as if subsections 233(3) and (4) of that Act had not been repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 233(4) of that Act.

(2) A direction given to a person under subsection 245(4) of the Paid Parental Leave Act 2010 before the day on which this item commences continues to have effect on and after that day:

(a) as if subsections 245(4) and (5) of that Act had not been repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 245(5) of that Act.

(3) A direction given to a person under section 249 of the Paid Parental Leave Act 2010 before the day on which this item commences continues to have effect on and after that day:

(a) as if section 249 had not been repealed by this Act; and

(b) as if, on and after that day, the defence in subitem (4) existed in relation to an offence under subsection 249(2) of that Act.

(4) A direction referred to in this item does not apply to information which the person to whom the direction was given 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 (4): see subsection 13.3(3) of the Criminal Code.