Commonwealth Numbered Acts

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CYBER SECURITY ACT 2024 (NO. 98, 2024) - SECT 58

Admissibility of information given by an entity that has been requested or required by the Board

  (1)   This section applies to information that:

  (a)   has been provided by an entity to the Board under section   48, 49 or 51; and

  (b)   has been obtained under section   48, 49, 51, 54, 55 or 56 by a Commonwealth body or a State body; and

  (c)   is held by the Commonwealth body or State body.

Note:   This section does not apply to information held by the Commonwealth body or State body to the extent that it has been otherwise obtained.

  (2)   The information is not admissible in evidence against the entity in any of the following proceedings:

  (a)   criminal proceedings for an offence under a Commonwealth law, other than:

  (i)   proceedings for an offence against section   137.1 or 137.2 of the Criminal Code (which deal with false or misleading information or documents) that relates to this Act; or

  (ii)   proceedings for an offence against section   149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act;

  (b)   civil proceedings for a contravention of a civil penalty provision of a Commonwealth law, other than a civil penalty provision of this Part;

  (c)   proceedings for a breach of any other Commonwealth, State or Territory law (including the common law);

  (d)   proceedings before a tribunal of the Commonwealth, a State or a Territory.

  (4)   This section does not apply to the following:

  (a)   the proceedings of a coronial inquiry or a Royal Commission in Australia;

  (b)   proceedings in a federal court exercising original jurisdiction in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.

Note:   For federal court , see section   2B of the Acts Interpretation Act 1901 .

  (5)   This section does not limit or affect any right, privilege or immunity that the entity has, apart from this section, as a defendant in any proceedings.



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