Education Legislation Amendment (2019 Measures No. 1) Act 2019 (103 of 2019)

Schedule 3   Other amendments

Part 2   Amendments commencing on Royal Assent

Division 1   Amendments

Higher Education Support Act 2003

10   At the end of section 179-10

Add:

Exception - consent

(2) Subsection (1) does not apply if the person to whom the *personal 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 or required by a Commonwealth law

(3) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or 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.

Exception - authorised or required by certain State or Territory laws

(4) Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised or required by a law of a State or Territory:

(a) that relates to the administration, regulation or funding of education; or

(b) that is specified in the Administration Guidelines for the purposes of this paragraph.

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