Part III Miscellaneous Section 49A (4) Nothing in subsection (2) prevents a person being required, for the purposes of or pursuant to an Act, to divulge or communicate information, or to produce a document, that is, or is included in a class of information that is or class of documents that are, required or permitted by that Act to be divulged, communicated or produced. (4A) Subsection (1) does not prevent the Commission, or a person acting for or on behalf of the Commission, from giving information or documents in accordance with paragraph 20(4A)(e). Note: A defendant bears an evidential burden in relation to a matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code). (4B) 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 course of acting for or on behalf of the Commission. Note: A defendant bears an evidential burden in relation to the matter in subsection (4B) (see subsection 13.3(3) of the Criminal Code). (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. 49A 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. 98 Compilation No. 48 Australian Human Rights Commission Act 1986 Compilation date: 20/12/18 Authorised Version C2019C00030 registered 14/01/2019 Registered: 14/1/19