VET Student Loans Act 2016

PART 9 - USE OF INFORMATION  

Division 2 - Offences for misuse of personal information  

SECTION 99   VET OFFICERS  

99(1)    
A person commits an offence if:

(a) the person is, or has been, a VET officer; and

(b) the person has obtained or generated personal information in his or her capacity as a VET officer; and

(c) the person:

(i) uses the information; or

(ii) discloses the information to another person.

Penalty: Imprisonment for 2 years.

99(2)    
Subsection (1) does not apply if the use or disclosure is authorised or required by:

(a) a law of the Commonwealth; or

(b) a law of a State or Territory listed in the rules for the purposes of this paragraph.

Note:

A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

99(3)    

View history reference

Subsection (1) does not apply if the person to whom the personal information relates has consented to the use or disclosure.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

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History

S 99(3) inserted by No 103 of 2019, s 3 and Sch 3 item 21, applicable in relation to the use or disclosure of information after 28 November 2019, whether the information was obtained or created before or after 28 November 2019.

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