Document ID: chunk:federal_register_of_legislation:C2010C00233:clause:4_16aa
Version: federal_register_of_legislation:C2010C00233
Segment Type: clause
Provision Reference: sch 4 cl 16AA
Character Range: 175245–176624

16AA  Offence of unauthorised use of information

 (1) A person commits an offence if:
 (a) the person:
 (i) makes a record of information; or
 (ii) communicates information to a person; or
 (iii) otherwise makes use of information; and
 (b) at the time the person does so, the person is not a person to whom this section applies (within the meaning of subsection 16(1)); and
 (c) the information is relevant information.

Penalty: Imprisonment for 1 year.

 (2) If:
 (a) the relevant information was communicated to a person under subsection 16(4G); and
 (b) that person makes a record of, or communicates, the information for the purpose of a proceeding under section 113A;
subsection (1) of this section does not apply to any further recording, communication or use of that information by a person who is not a person to whom this section applies.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) In this section:

relevant information means:
 (a) information about a person obtained from the records of the Department or the Child Support Agency; or
 (b) information to the effect that there is no information about a person held in the records of the Department or the Child Support Agency.

Part 2—Amendments commencing on 1 January 2008

Child Support (Assessment) Act 1989