Sue Lines (President) | Hansard source

The question is that the amendment on sheet 3204, circulated by the Australian Greens, be agreed to.

Australian Greens' circulated amendment—

(1) Schedule 5, item 2, page 83 (after line 29), after subsection 123(4), insert:

Exception information sharing when person no longer able to supply professional legal services to customer

(4A) Subsection (1) does not apply to the disclosure of information covered by paragraphs (2)(a), (e), (f), (g) or (h) by a person if:

(a) the person is a reporting entity, or an officer, employee or agent of a reporting entity that is:

(i) a legal practitioner (however described); or

(ii) a partnership or company that carries on a business of using legal practitioners (however described) to supply professional legal services; and

(b) the person makes the disclosure to a customer of the person, a court or tribunal, or a regulatory body, for the purposes of stating the reasons why the person is no longer able to supply professional legal services to the customer; and

(c) the person does not disclose the content of any report, information or document given or produced, or required to be given or produced, under subsections 41(2), 49(1) or 49B(2).

Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code).