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Legislative Assembly for the ACT: 2002 Week 14 Hansard (10 December) . . Page.. 4190..

(2A) Subsection (2) does not apply if the record is made, or the information is disclosed or communicated-

(a) under this or any other Act; or

(b) in relation to the exercise of a function, as a person to whom this section applies, under this or any other Act.

[1.41C] Section 52

renumber subsections when Act next republished under Legislation Act 2001


Schedule 1

Amendment 1.51

Page 74, line 8-

omit amendment 1.51, substitute

[1.51] Section 161 (2), note


Note Under the Criminal Code, pt 2.4, it is an offence to attempt to commit an offence, to aid, abet or incite a person to commit an offence or to conspire with a person to commit an offence. Also, under the Crimes Act 1900, s 181 it is an offence to receive or assist a person knowing they have committed an offence. Those provisions apply to an offence against this section.


Dictionary, proposed new definition of harm

Page 76, line 17-


harm means-

(a) physical harm to a person, including unconsciousness, pain, disfigurement, infection with a disease and any physical contact with the person that a person might reasonably object to in the circumstances (whether or not the person was aware of it at the time); and

(b) harm to a person's mental health, including psychological harm, but not including mere ordinary emotional reactions (for example, distress, grief, fear or anger);

whether temporary or permanent, but does not include being subjected to any force or impact that is within the limits of what is acceptable as incidental to social interaction or to life in the community.


Dictionary, proposed new definition of serious harm

Page 77, line 13-


serious harm means any harm (including the cumulative effect of more than 1 harm) that-

(a) endangers, or is likely to endanger, human life; or

(b) is, or is likely to be, significant and longstanding.

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