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COMMONWEALTHAct
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s 164

Offence—unauthorised making a record of, disclosure of or use of protected information

In force
Volume 2Parts 6 to 10 (sections 153 to 235)
Part 6Provisions relating to information
Division 2Confidentiality

164 Offence—unauthorised making a record of, disclosure of or use of protected information

(1)

If:

(a)

a person intentionally:

(i)

makes a record of; or

(ii)

discloses to any other person; or

(iii)

otherwise makes use of;

information; and

(b)

the person is not authorised or required under:

(i)

the family assistance law; or

(ii)

the Social Security Act 1991; or

(iii)

the Social Security (Administration) Act 1999;

to make the record, disclosure or use of the information that is made by the person; 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.

(2)

Strict liability applies to the element of an offence against subsection (1) that a person not authorised or required to do something is not authorised or required to do that thing under:

(a)

the family assistance law; or

(b)

the Social Security Act 1991; or

(c)

the Social Security (Administration) Act 1999.

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Section 164 — Offence—unauthorised making a record of, disclosure of or use of protected information — A New Tax System (Family Assistance) (Administration) Act 1999 (Commonwealth) — Barrister AI