Commonwealth Consolidated Acts Commonwealth Consolidated ActsLaw enforcement and national security
(1) This Subdivision does not apply in respect of anything lawfully done for the purposes of law enforcement or national security by or on behalf of:
(a) the Commonwealth or a State or Territory; or
(b) an authority of the Commonwealth or of a State or Territory.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3) of the Criminal Code ).
Certain public institutions etc.
(2) This Subdivision does not apply in respect of anything lawfully done by the following in performing their functions:
(a) a library (other than a library that is conducted for the profit, direct or indirect, of an individual or individuals);
(b) a body mentioned in:
(i) paragraph (a) of the definition of archives in subsection 10(1); or
(ii) subsection 10(4);
(c) an educational institution;
(d) a public non - commercial broadcaster, including:
(i) a body that provides a national broadcasting service within the meaning of the Broadcasting Services Act 1992 ; and
(ii) a body that holds a community broadcasting licence within the meaning of that Act.
Note 1: A library that is owned by a person conducting a business for profit might not itself be conducted for profit (see section 18).
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(3) This Subdivision does not apply in respect of anything lawfully done by a person in connection with a work or other subject - matter if:
(a) the person has custody of the work or other subject - matter under an arrangement referred to in section 64 of the Archives Act 1983 ; and
(b) under subsection (2), it would be lawful for the National Archives of Australia to do that thing.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).