Student Assistance Act 1973

Part 10 - Administration  

Division 3 - Confidentiality  

SECTION 353  

353   OFFENCE - UNAUTHORISED MAKING A RECORD OF, DISCLOSURE OF OR USE OF PROTECTED INFORMATION  

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If:

(a) a person intentionally:

(i) makes a record of; or

(ii) discloses to any other person; or

(iii) otherwise makes use of;

information; and

(b) (Repealed by No 147 of 2001)

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

the 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:

A person, including an officer, is authorised to use information only if it is used for certain purposes (see subsection 351(2) ). In certain circumstances an officer is required under this Act to disclose information (see section 354 ). The Secretary can disclose certain information (see section 355 ).

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History

S 353 amended by No 4 of 2016, s 3 and Sch 4 items 1 and 290, by substituting " commits " for " is guilty of " , effective 10 March 2016.

S 353 amended by No 147 of 2001, s 3 and Sch 2 item 10, by repealing para (b), applicable to acts and omissions that take place after 1 October 2001. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after 1 October 2001, the act or omission is alleged to have taken place before 1 October 2001. Para (b) formerly read:

(b) the person is not authorised or required by or under this Act to make the record, disclosure or use of the information that is made by the person; and

S 353 amended by No 45 of 1998; No 29 of 1997; No 155 of 1995 and inserted by No 183 of 1994.

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