Part 4 Gathering and using information Division 3 Use and disclosure of protected information Section 47 (a) the Corporations Act 2001, except a provision of that Act prescribed by the rules; (b) a law, or a provision of a law, of the Commonwealth prescribed by the rules; are taken not to require or authorise the making of a record, or the disclosure, of the fact that an asset is declared under section 51 to be a critical infrastructure asset. Good faith (3) Section 45 does not apply to an entity to the extent that the entity makes a record of, discloses or otherwise uses protected information in good faith and in purported compliance with Subdivision A or subsection 51(3) or 52(4). Person to whom the protected information relates (4) Section 45 does not apply to an entity if: (a) the entity discloses protected information to the entity to whom the information relates; or (b) the entity is the entity to whom the protected information relates; or (c) the making of the record, or the disclosure or use, of the protected information is in accordance with the express or implied consent of the entity to whom the information relates. Note: A defendant bears an evidential burden in relation to the matters in this section (see subsection 13.3(3) of the Criminal Code). 47 No requirement to provide information Except where it is necessary to do so for the purposes of giving effect to this Act, an entity is not to be required to disclose protected information, or produce a document containing protected information, to: (a) a court; or (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents. 42 Security of Critical Infrastructure Act 2018 Authorised Version C2018A00029 No. 29, 2018