VET Student Loans Act 2016

PART 9 - USE OF INFORMATION  

Division 2 - Offences for misuse of personal information  

SECTION 100   USE OF PERSONAL INFORMATION FOR OTHER PURPOSES  

100(1)    
A person commits an offence if:

(a) the person uses personal information; and

(b) the information was disclosed to an agency, body or person under section 95 ; and

(c) the use of the information is not for a permitted purpose.

Note:

For permitted purpose , see subsection 95(1).

Penalty: Imprisonment for 2 years.

100(2)    
Subsection (1) does not apply if the use is authorised or required by:

(a) a law of the Commonwealth; or

(b) a law of a State or Territory listed in the rules for the purposes of this paragraph.

Note:

A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

100(2A)    

Subsection (1) does not apply if the person to whom the personal information relates has consented to the use.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code ).

100(3)    
A person commits an offence if:

(a) the person discloses personal information; and

(b) the information was disclosed to an agency, body or person under section 95 ; and

(c) either or both of the following apply:

(i) the disclosure is not for a permitted purpose;

(ii) the disclosure is to a person who is not an officer or employee of, or engaged by, the agency, body or person to whom the information was disclosed under section 95 .

Note:

For permitted purpose , see subsection 95(1).

Penalty: Imprisonment for 2 years.

100(4)    
Subsection (3) does not apply if the disclosure is authorised or required by:

(a) a law of the Commonwealth; or

(b) a law of a State or Territory listed in the rules for the purposes of this paragraph.

Note:

A defendant bears an evidential burden in relation to a matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

100(5)    

Subsection (3) does not apply if the person to whom the personal information relates has consented to the disclosure.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).