Student Assistance Act 1973

Part 10 - Administration  

Division 3 - Confidentiality  

SECTION 353  

353   OFFENCE - UNAUTHORISED MAKING A RECORD OF, DISCLOSURE OF OR USE OF PROTECTED INFORMATION  

If:

(a) a person intentionally:

(i) makes a record of; or

(ii) discloses to any other person; or

(iii) otherwise makes use of;

information; and

(b) (Repealed by No 147 of 2001)

(c) the person knows or ought reasonably to know that the information is protected information;

the person commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note 1:

Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

Note 2:

A person, including an officer, is authorised to use information only if it is used for certain purposes (see subsection 351(2) ). In certain circumstances an officer is required under this Act to disclose information (see section 354 ). The Secretary can disclose certain information (see section 355 ).