Student Assistance Act 1973

Part 10 - Administration  

Division 3 - Confidentiality  

SECTION 357   OFFENCE - SOLICITING DISCLOSURE OF PROTECTED INFORMATION  

357(1)    

If:

(a) a person solicits the disclosure of protected information from an officer or another person; and

(b) the disclosure would be in contravention of this Division; and

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

then, whether or not any protected information is actually disclosed, the first-mentioned 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:

For protected information see subsection 3(1) .

Note 3:

For officer see subsection 3(1) .

357(2)    
For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that the contravention is a contravention of this Division.

Note:

For strict liability, see section 6.1 of the Criminal Code .