Student Assistance Act 1973

Part 10 - Administration  

Division 3 - Confidentiality  

SECTION 359   OFFENCES - OFFERING TO SUPPLY PROTECTED INFORMATION  

359(1)   Person offering to supply information  

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A person who:

(a) offers to supply (whether to a particular person or otherwise) information about another person; and

(b) knows that the information is protected information;

commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.

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History

S 359(1) amended by No 4 of 2016, s 3 and Sch 4 items 1 and 293, by substituting " commits " for " is guilty of " , effective 10 March 2016.

359(2)   Person holding out that he or she is able to supply information  

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A person who:

(a) holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and

(b) knows that the information is protected information;

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) .

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History

S 359(2) amended by No 4 of 2016, s 3 and Sch 4 items 1 and 293, by substituting " commits " for " is guilty of " , effective 10 March 2016.

Note 3 repealed by No 45 of 1998.

Exception

359(3)    

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Nothing in subsection (1) or (2) has the effect that an officer acting in the exercise or performance of his or her duties, functions or powers under this Act commits an offence.

Note:

For officer see subsection 3(1) .

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History

S 359(3) substituted by No 4 of 2016, s 3 and Sch 4 item 430, effective 10 March 2016. S 359(3) formerly read:

359(3) Exception  

Nothing in subsection (1) or (2) renders an officer acting in the exercise or performance of his or her duties, functions or powers under this Act guilty of an offence.

Note:

For officer see subsection 3(1) .

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History

S 359 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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