Student Assistance Act 1973

Part 10 - Administration  

Division 3 - Confidentiality  

SECTION 357   OFFENCE - SOLICITING DISCLOSURE OF PROTECTED INFORMATION  

357(1)    

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If:

(a) a person solicits the disclosure of protected information from an officer or another person; and

(b) the disclosure would be in contravention of this Division; and

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

then, whether or not any protected information is actually disclosed, the first-mentioned 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:

For protected information see subsection 3(1) .

Note 3:

For officer see subsection 3(1) .

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History

S 357(1) amended by No 4 of 2016, s 3 and Sch 4 items 1 and 291, by substituting " commits " for " is guilty of " , effective 10 March 2016.

S 357(1) amended by No 31 of 2014, s 3 and Sch 1 item 66, by repealing note 4, effective 24 June 2014. Note 4 formerly read:

Note 4:

If a person is guilty of an offence under this section and the person is an employee or agent of another person, the other person may also be guilty of the offence (see section 298 ).

357(2)    
For the purposes of an offence against subsection (1), strict liability applies to the physical element of circumstance, that the contravention is a contravention of this Division.

Note:

For strict liability, see section 6.1 of the Criminal Code .

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History

S 357(2) inserted by No 147 of 2001, s 3 and Sch 2 item 11, 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.

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History

S 357 amended by No 155 of 1995 and inserted by No 183 of 1994.

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