Miscellaneous Part 7 Section 128 (3A) 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 or on the Commissioner under this Act. Note: A defendant bears an evidential burden in relation to the matter in subsection (3A) (see subsection 13.3(3) of the Criminal Code). (4) 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. (5) In this section: court includes any tribunal, authority or person having power to require the production of documents or the answering of questions. produce includes permit access to. 128 Information stored otherwise than in written form If information is recorded or stored by means of a mechanical, electronic or other device, any duty imposed by this Act to produce the document recording that information is to be construed as a duty to provide a document containing a clear reproduction in writing of the information. 129 Commissioner to give information The Commissioner must give to the Commission such information relating to the operations of the Commissioner under this Act as the Commission from time to time requires. Disability Discrimination Act 1992 Compilation No. 33 Compilation date: 12/4/18 Authorised Version C2018C00125 registered 19/04/2018 61 Registered: 19/4/18