Higher Education Support Act 2003
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Hide history noteOffence
181-15(1)
An *officer commits an offence if: (a) the officer:
(i) discloses information; or
(b) the information is *Australia ' s Economic Accelerator program information that was obtained or created by the officer in the course of the officer ' s *official employment; and (c) the disclosure did not occur, or the copy or record was not made, in the course of that official employment; and (d) any of the following circumstances exist:
(ii) makes a copy or other record of information; and
(i) the information is personal information within the meaning of the Privacy Act 1988 ;
(ii) the disclosure, or the making of the copy or record, causes or is likely to cause competitive detriment to a person;
(iii) the disclosure, or the making of the copy or record, founds or is likely to found an action by a person (other than the Commonwealth) for breach of a duty of confidence.
Penalty: Imprisonment for 2 years.
Exception - consent
181-15(2)
Subsection (1) does not apply if the person to whom the 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 subsection: see subsection 13.3(3) of the Criminal Code .
Exception - authorised by this Division
181-15(3)
Subsection (1) does not apply if the disclosure, or the making of the copy or record, is authorised by this Division.
Note:
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code ).
Exception - required by a Commonwealth law
181-15(4)
Subsection (1) does not apply if the disclosure, or the making of the copy or record, is required by a law of the Commonwealth.
Note:
A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code .
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