Document ID: chunk:federal_register_of_legislation:C2025C00130:section:164
Version: federal_register_of_legislation:C2025C00130
Segment Type: section
Provision Reference: s 164
Character Range: 540166–541206

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.