Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p8
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 8/26)
Character Range: 503790–506643

A person commits an offence if:
 (a) the person makes a record of, discloses or otherwise uses information; and
 (b) the information is information disclosed to the person under section 86‑3, 86‑4 or 86‑4A; and
 (c) the purpose for which the person makes a record of, discloses or otherwise uses the information is not the purpose for which the information was disclosed.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

86‑6  Limits on use of protected information disclosed under certain legislation
  A person commits an offence if:
 (a) *protected information has been disclosed under section 1314 of the Social Security Act 1991, section 130 of the Veterans' Entitlements Act 1986, section 409 of the Military Rehabilitation and Compensation Act 2004, section 36 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or section 46 of the Treatment Benefits (Special Access) Act 2019, to the person or another person, for any of the following purposes:
 (i) determining whether *residential care subsidy is payable to an approved provider in respect of a care recipient;
 (ii) determining the amount of residential care subsidy that is payable to an approved provider in respect of a care recipient;
 (iii) determining whether an approved provider has complied, or is complying, with its responsibilities under Chapter 4 of this Act; and
 (b) the person makes a record of, discloses or otherwise uses the information for a purpose not referred to in subparagraph (a)(i), (ii) or (iii).
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

86‑7  Limits on use of protected information by certain Departments
  An officer of the Department administered by the Minister who administers the Social Security Act 1991 or the Department administered by the Minister who administers the Veterans' Entitlements Act 1986, the *Chief Executive Centrelink, a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997), the *Chief Executive Medicare or a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) commits an offence if he or she:
 (a) acquires *protected information for the purposes of this Act; and
 (b) makes a record of, discloses or otherwise uses the information for a purpose that is neither a purpose for which it was acquired nor a purpose in respect of which the person to whom the information relates has given written consent.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

86‑8  Disclosure to court
  A court, or any other body or person that has power to require