23Defence for use of information also received from another source and use of information by prescribed agencies

#### 23 Defence for use of information also received from another source and use of information by prescribed agencies Use if information is also received from another source (1) Section 21 does not apply if: (a) a person (the first person) obtains protected information for a permissible purpose; and (b) the first person is: (i) an officer or employee of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or (ii) an officer or employee of an agency or instrumentality of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or (iii) a person engaged by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory, to perform public health work; or (iv) a person engaged by an agency or instrumentality of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory, to perform public health work; and (c) the first person also obtains the information, or substantially similar information, from another person; and (d) after obtaining the information as mentioned in paragraph (c), the first person makes a record of, or discloses or otherwise uses, the information; and (e) the record, disclosure or use is authorised under, or is not prohibited by: (i) another enactment of the Commonwealth; or (ii) an enactment of the State or the Territory in relation to which the person is an officer or employee, or is engaged to perform public health work. > Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code. Use by intelligence agencies (2) Section 21 does not apply if: (a) a person obtains protected information; and (b) the person discloses the information to an officer or employee of an intelligence agency prescribed by the regulations for the purposes of this section. > Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code. (3) Section 21 does not apply if: (a) a person obtains protected information in accordance with a disclosure under subsection (2); and (b) the person makes a record of, or discloses or otherwise uses, the information in the performance of the person’s functions or duties, or the exercise of the person’s powers, as an officer or employee mentioned in paragraph (2)(b). > Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code. (4) Section 21 does not apply if: (a) a person obtains protected information in accordance with a disclosure under subsection (3); and (b) the person makes a record of, or discloses or otherwise uses, the information: (i) for the purposes for which the information was disclosed under that subsection; or (ii) for a prescribed purpose. > Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.