Commonwealth Consolidated Acts

INTELLIGENCE SERVICES ACT 2001 - SECT 41B

  (1)   A person does not commit an offence against an information offence provision if:

  (a)   the person is an IGIS official; and

  (b)   the relevant conduct is engaged in by the person for the purpose of exercising powers, or performing functions or duties, as an IGIS official.

  (2)   In a prosecution for an offence against an information offence provision, the defendant does not bear an evidential burden in relation to the matter in subsection   (1), despite subsection   13.3(3) of the Criminal Code .

  (3)   In this section:

"information offence provision" means subsection   39(1), 40C(1) or 40D(1) or paragraph   41(1)(a).