A New Tax System (Family Assistance) (Administration) Act 1999

PART 6 - PROVISIONS RELATING TO INFORMATION  

Division 2 - Confidentiality  

SECTION 163   Offence - unauthorised obtaining of protected information  

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163(1)    

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If:

(a) a person intentionally obtains information; and

(b) the person is not authorised under the family assistance law to obtain the information; and

(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 term not exceeding 2 years.

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History

S 163(1) amended by No 4 of 2016, s 3 and Sch 4 items 1 and 11, by substituting " commits " for " is guilty of " , effective 10 March 2016.

163(2)    
Strict liability applies to the element of an offence against subsection (1) that a person not authorised to do something is not authorised under the family assistance law to do that thing.

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History

S 163 substituted by No 137 of 2001, s 3 and Sch 1 item 19, effective 1 October 2001. S 163 formerly read:

Offence: unauthorised access to protected information  
163
If:

(a) a person intentionally obtains information; and

(b) the person:

(i) is not authorised under the family assistance law to obtain the information; and

(ii) has no other lawful authority to obtain the information; and

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

the person is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

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