Document ID: chunk:federal_register_of_legislation:C2004A00923:clause:1_3
Version: federal_register_of_legislation:C2004A00923
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 2840–3832

3  Subsection 53(1)
Repeal the subsection, substitute:

 (1) A person must not:
 (a) record a student's tax file number or maintain such a record; or
 (b) use a student's tax file number in a manner connecting it with the student's identity; or
 (c) divulge or communicate a student's tax file number to another person.

Penalty: $10,000 or imprisonment for 2 years, or both.

 (1A) Subsection (1) does not apply to the extent required or permitted by, or reasonably necessary in order to comply with an obligation imposed by, this Chapter or another law of the Commonwealth.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1A), see subsection 13.3(3) of the Criminal Code.

 (1B) Subsection (1) does not apply in connection with the person acting on the student's behalf in the conduct of the student's affairs.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1B), see subsection 13.3(3) of the Criminal Code.