Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Act 2023 (73 of 2023)
Schedule 1 Amendments
Part 2 Consequential amendments
Intelligence Services Act 2001
183 Subsection 40D(2A)
Repeal the subsection, substitute:
Exception - IGIS officials
(2A) Subsection (1) does not apply if the person makes the record for the purpose of an IGIS official exercising a power, or performing a function or duty, as an IGIS official.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A): see subsection 13.3(3) of the Criminal Code.
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