Commonwealth Consolidated Acts

HIGHER EDUCATION SUPPORT ACT 2003 - SECT 181.15

Offence

  (1)   An * officer commits an offence if:

  (a)   the officer:

  (i)   discloses information; or

  (ii)   makes a copy or other record of information; and

  (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:

  (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

  (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

  (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

  (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 .