Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 (73 of 2023)

Schedule 1   Amendments

Part 2   Consequential amendments

Telecommunications (Interception and Access) Act 1979

207   Subsection 63AB(5)

Repeal the subsection, substitute:

(5) Despite subsections 13.3(2) and (3) of the Criminal Code, in a prosecution for an offence against section 63 of this Act, an Ombudsman official does not bear an evidential burden in relation to the matters in subsection (3) of this section.

Note: An IGIS official also does not bear an evidential burden in relation to the matters in subsection (3) of this section (see section 34C of the Inspector-General of Intelligence and Security Act 1986).