Part 7 Miscellaneous Section 60 this Act or because of that person being or having been so authorised; except where it is necessary to do so for the purposes of this Act. (3) This section does not prohibit a person from: (a) making a record of information that is required or permitted by an Act to be recorded, if the record is made for the purposes of or under that Act; or (b) divulging or communicating information, or producing a document, to any person in accordance with an arrangement in force under section 16 of the Australian Human Rights Commission Act 1986; or (c) divulging or communicating information, or producing a document that is required or permitted by an Act to be divulged, communicated or produced as the case may be, if the information is divulged or communicated, or the document is produced, for the purposes of or under that Act. Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code). (4) Subsection (1) does not prevent a person from making a record of, divulging, communicating or making use of information, or producing a document, if the person does so: (a) in the performance of a duty under or in connection with this Act; or (b) in the performance or exercise of a function or power conferred on the Commission under this Act. Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code). (5) Subsection (2) does not prevent a person from being required, for the purposes of or under an Act, to divulge or communicate information, or to produce a document, that is required or permitted by that Act to be divulged, communicated or produced. (6) In this section: 58 Compilation No. 46 Age Discrimination Act 2004 Compilation date: 03/12/2021 Authorised Version C2021C00565 registered 10/12/2021 Registered: 10/12/2021