Page 2160 - Week 06 - Tuesday, 8 May 2012
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(3) Subsection (2) does not apply if the record is made, or the protected information is divulged, under this Act or another territory law.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4) Subsection (2) does not apply to the divulging of protected information about a person by a prescribed entity to a staff member of the entity to allow the staff member to identify the person to ensure the safety of—
(a) a child or children in the entity’s care; or
(b) the person.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
(5) Subsection (2) does not apply to the divulging of protected information about a person with the person’s consent.
Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
(6) Subsection (2) does not apply if the protected information is divulged for law enforcement functions or activities and then only to an entity prescribed by regulation.
Note The defendant has an evidential burden in relation to the matters mentioned in s (6) (see Criminal Code, s 58).
(7) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.
6
Proposed new clause 20A
Page 49, line 12—
insert
20A New chapter 10
insert
Chapter 10 Transitional—Crimes (Child Sex Offenders) Amendment Act 2012
200 Meaning of reporting offence
In this Act:
reporting offence includes an offence against section 203.
201 Definitions—ch 10
In this chapter:
affected registrable offender means a registrable offender who, immediately before the commencement day, is serving a periodic detention period of a sentence of imprisonment.
commencement day means the day this chapter commences.
periodic detention period—see the Crimes (Sentencing) Act 2005, dictionary.
202 Reporting obligations notice to be given
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