SS(Admin)Act s204. Offence-unauthorised use of protected information

SS(Admin)Act Contents Title Page Part 1 - Preliminary Part 2 - General administration of social security law Part 3 - Provision of benefits Part 3A - Nominees Part 3B - Income management regime Part 4 - Review of decisions Part 5 - Information management Part 6 - Offences Part 7 - Miscellaneous Part 8 - Transitional and saving provisions Schedules NOTES Table of Amendments Section Index Definition Index

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204. Offence–unauthorised use of protected information

204.(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 by or under the social security law, the family assistance law or the Farm Household Support Act 1992 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 is guilty of an offence.

History

S.204(1)(b) amended by Act No. 30, 2003, by s.3, Schedule 1, Part 1(106);

204.(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.

204.(3) 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 by or under the social security law or the Farm Household Support Act 1992 to do that thing.

History

S.204(3) inserted by Act No. 137, 2001, by s.3, Schedule 1(140);

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