Royal Commissions Legislation Amendment (Protections for Providing Information) Act 2026 (7 of 2026)

Schedule 3   Amendment of the Criminal Code Act 1995

Criminal Code Act 1995

1   After subsection 122.5(4A) of the Criminal Code

Insert:

Information communicated etc. to a Royal Commission

(4B) It is a defence to a prosecution for an offence by a person against this Division that:

(a) the person communicated, removed, held or otherwise dealt with the relevant information for the primary purpose of communicating it to a Royal Commission within the meaning of the Royal Commissions Act 1902 (whether or not as a result of a requirement); and

(b) at that time, the person reasonably believed that the relevant information was relevant to the Royal Commission's inquiry.

Note: A defendant may bear an evidential burden in relation to the matters in this subsection (see subsection (12) of this section and subsection 13.3(3)).