Commonwealth Consolidated Acts

VET STUDENT LOANS ACT 2016 - SECT 100

  (1)   A person commits an offence if:

  (a)   the person uses personal information; and

  (b)   the information was disclosed to an agency, body or person under section   95; and

  (c)   the use of the information is not for a permitted purpose.

Note:   For permitted purpose , see subsection   95(1).

Penalty:   Imprisonment for 2 years.

  (2)   Subsection   (1) does not apply if the use 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 ).

  (2A)   Subsection   (1) does not apply if the person to whom the personal information relates has consented to the use.

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

  (3)   A person commits an offence if:

  (a)   the person discloses personal information; and

  (b)   the information was disclosed to an agency, body or person under section   95; and

  (c)   either or both of the following apply:

  (i)   the disclosure is not for a permitted purpose;

  (ii)   the disclosure is to a person who is not an officer or employee of, or engaged by, the agency, body or person to whom the information was disclosed under section   95.

Note:   For permitted purpose , see subsection   95(1).

Penalty:   Imprisonment for 2 years.

  (4)   Subsection   (3) does not apply if the 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   (4) (see subsection   13.3(3) of the Criminal Code ).

  (5)   Subsection   (3) does not apply if the person to whom the personal information relates has consented to the disclosure.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (5) (see subsection   13.3(3) of the Criminal Code ).