Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-4 - Management of information  

Division 181 - Protection, disclosure and use of Australia ' s Economic Accelerator program information  

SECTION 181-15   Use of Australia ' s Economic Accelerator program information  

Offence

181-15(1)    
An *officer commits an offence if:

(a)    the officer:

(i) discloses information; or

(ii) makes a copy or other record of information; and

(b)    the information is *Australia ' s Economic Accelerator program information that was obtained or created by the officer in the course of the officer ' s *official employment; and

(c)    the disclosure did not occur, or the copy or record was not made, in the course of that official employment; and

(d)    any of the following circumstances exist:

(i) the information is personal information within the meaning of the Privacy Act 1988 ;

(ii) the disclosure, or the making of the copy or record, causes or is likely to cause competitive detriment to a person;

(iii) the disclosure, or the making of the copy or record, founds or is likely to found an action by a person (other than the Commonwealth) for breach of a duty of confidence.

Penalty: Imprisonment for 2 years.

Exception - consent

181-15(2)    
Subsection (1) does not apply if the person to whom the information relates has consented to the disclosure, or the making of the copy or record.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code .

Exception - authorised by this Division

181-15(3)    
Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised by this Division.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).

Exception - required by a Commonwealth law

181-15(4)    
Subsection (1) does not apply if the disclosure, or the making of the copy or record, is required by a law of the Commonwealth.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code .