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

16   At the end of clause 73 of Schedule 1A

Add:

Exception - consent

(2) Subclause (1) does not apply if the person to whom the *VET 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 subclause: see subsection 13.3(3) of the Criminal Code.

Exception - authorised or required by a Commonwealth law

(3) Subclause (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 subclause: see subsection 13.3(3) of the Criminal Code.

Exception - authorised or required by certain State or Territory laws

(4) Subclause (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 vocational education or training; or

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

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