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

Schedule 3   Social Security Appeals Tribunal

Part 5   Application and transitional provisions for amendments of the Social Security (Administration) Act 1999

176   Application of amendments relating to non-disclosure orders under the Social Security (Administration) Act 1999

(1) An order given to a person under subsection 158(2) of the Social Security (Administration) Act 1999 before the day on which this item commences continues to have effect on and after that day:

(a) as if subsections 158(2), (3) and (4) of that Act had not been repealed by this Act; and

(b) as if, on and after that day, subitem (4) had effect in relation to subsection 158(4) of that Act.

(2) An order given to a person under subsection 166A(4) of the Social Security (Administration) Act 1999 before the day on which this item commences continues to have effect on and after that day:

(a) as if subsections 166A(4) and (5) of that Act had not been repealed by this Act; and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 166A(5) of that Act.

(3) An order given to a person under subsection 169(1) of the Social Security (Administration) Act 1999 before the day on which this item commences continues to have effect on and after that day:

(a) as if section 169 of that Act had not been repealed by this Act; and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 169(2) of that Act.

(4) An order referred to in this item does not apply to information which the person to whom the order 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.