Document ID: chunk:federal_register_of_legislation:C2025C00046:section:188
Version: federal_register_of_legislation:C2025C00046
Segment Type: section
Provision Reference: s 188
Character Range: 215473–216674

188  Offence of unauthorised disclosure or use of information
 (1) A person commits an offence if:
 (a) the person obtains higher education information in the person's capacity as an entrusted person; and
 (b) the person:
 (i) discloses the information to another person; or
 (ii) uses the information.
Penalty: Imprisonment for 2 years.

Exceptions
 (2) Subsection (1) does not apply if:
 (a) the disclosure or use is made for the purposes of this Act or the Education Services for Overseas Students Act 2000, or otherwise in connection with the performance of the person's duties as an entrusted person; or
 (b) the disclosure or use is required or authorised by or under a law of the Commonwealth or a State or Territory.
Note: A defendant bears an evidential burden in relation to a matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (3) Subsection (1) does not apply if the regulated entity in respect of whom the higher education information relates has consented, in writing, to the disclosure or use.
Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Subdivision B—Information sharing