46 Exceptions to offence for unauthorised use or disclosure
Required or authorised by law
Section 45 does not apply if the making of the record, or the disclosure or use, of the information is required or authorised by or under:
a law of the Commonwealth, other than Subdivision A or a notification provision; or
a law of a State or Territory prescribed by the rules.
For the purposes of subsection (1) of this section, the following laws:
the Corporations Act 2001, except a provision of that Act prescribed by the rules;
a law, or a provision of a law, of the Commonwealth prescribed by the rules;
are taken not to require or authorise the making of a record, or the disclosure, of the fact that an asset is declared under section 51 to be a critical infrastructure asset or of the fact that an asset is declared under section 52B to be a system of national significance.
Good faith
Section 45 does not apply to an entity to the extent that the entity makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with Subdivision A or a notification provision.
Person to whom the protected information relates
Section 45 does not apply to an entity if:
the entity discloses protected information to the entity to whom the information relates; or
the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the entity to whom the information relates.
Disclosure to an Ombudsman official
Section 45 does not apply to an entity to the extent that the entity discloses protected information to an Ombudsman official for the purposes of exercising powers, or performing duties or functions, as an Ombudsman official.
Disclosure to an IGIS official
Section 45 does not apply to an entity to the extent that the entity discloses protected information to an IGIS official for the purposes of exercising powers, or performing duties or functions, as an IGIS official.
Note: A defendant, except for an IGIS official, bears an evidential burden in relation to a matter in this section (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.