Strengthening Oversight of the National Intelligence Community Act 2025 (75 of 2025)

Schedule 1   Amendments

Part 2   Consequential amendments commencing with the main amendments

Crimes Act 1914

152   Subsection 3ZZVH(5) (including the note)

Repeal the subsection, substitute:

(5) Subsections (1) and (2) do not apply if the person uses or discloses the information for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.

Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this subsection (see subsection 13.3(3) of the Criminal Code). For IGIS officials, see section 34C of the Inspector-General of Intelligence and Security Act 1986.