Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_10:p16
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 10 (pt 16/31)
Character Range: 555377–558092

subsection (1), the persons are the following:
 (a) a person (an officer) who is employed or engaged by a State or Territory agency;
 (b) an *officer of a higher education provider;
 (c) an *officer of a VET provider;
 (d) a person (an officer) who is employed or engaged by a body or association determined by the Minister under subsection (4).
 (4) The Minister may, by legislative instrument, make a determination in relation to a body or association for the purposes of paragraph (3)(d).

Use of the information
 (5) A person commits an offence if:
 (a) the person uses information for a purpose; and
 (b) the purpose is not a permitted purpose; and
 (c) the information is *personal information or *VET personal information; and
 (d) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and
 (e) the information was not obtained or created by an *officer for the purposes of Part 2‑2A or 2‑3.
Penalty: Imprisonment for 2 years.

Further disclosure of the information
 (6) A person commits an offence if:
 (a) the person discloses information; and
 (b) the information is *personal information or *VET personal information; and
 (c) the information was disclosed under subsection (1) to the person or another person when the person or other person was an officer of a body referred to in subsection (3); and
 (d) 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 of that body; and
 (e) the information was not obtained or created by an *officer for the purposes of Part 2‑2A or 2‑3.
Penalty: Imprisonment for 2 years.

180‑28  Disclosure and use of information for the HELP program

Disclosure of information
 (1) A *HELP program Commonwealth officer may disclose *Higher Education Support Act information (other than a person's *tax file number) to another HELP program Commonwealth officer for the purposes referred to in subsection (5).
 (2) The *Secretary may disclose a person's *tax file number to the *Commissioner for the purposes referred to in subsection (5).

Use of information
 (3) A *HELP program Commonwealth officer may use *Higher Education Support Act information (other than a person's *tax file number) for the purposes referred to in subsection (5).
 (4) If a person's *tax file number is disclosed under subsection (2), the *Commissioner may use that tax file number for the purposes referred to in subsection (5).

Purposes of disclosure or use
 (5) The purposes are to assist in the development of the *HELP program, or the administration or future administration of the