Document ID: chunk:federal_register_of_legislation:C2025C00090:section:135a:p7
Version: federal_register_of_legislation:C2025C00090
Segment Type: section
Provision Reference: s 135A (pt 7/8)
Character Range: 597334–600105

(a) a person is convicted of an offence under subsection (13); and
 (b) the person acted as an employee or agent of another person in soliciting the disclosure of the information;
the other person commits an offence.
 (16A) An offence under subsection (16) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (17) It is a defence to a prosecution for an offence against subsection (16) if the employee or agent was acting outside the scope of his or her authority as an employee or agent in soliciting the disclosure of the information.
Note: The defendant bears an evidential burden in relation to the matter in subsection (17). See subsection 13.3(3) of the Criminal Code.
 (18) Where:
 (a) a person is convicted of an offence under subsection (14); and
 (b) the person acted as an employee or agent of another person in obtaining the information;
the other person commits an offence.
 (18A) An offence under subsection (18) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (19) It is a defence to a prosecution for an offence against subsection (18) if the employee or agent's action described in subsection (14) was outside the scope of his or her authority as an employee or agent.
Note: The defendant bears an evidential burden in relation to the matter in subsection (19). See subsection 13.3(3) of the Criminal Code.
 (20) A person who:
 (a) offers to supply (whether to a particular person or otherwise) information about another person; and
 (b) knows that the information is protected information;
commits an offence.
 (21) A person who:
 (a) holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and
 (b) knows that the information is protected information;
commits an offence.
 (22) The penalty for an offence against subsection (13), (14), (16), (18), (20) or (21) is imprisonment for a period not exceeding 2 years.
 (23) Nothing in this section has the effect that an officer exercising or performing his or her duties, functions or powers under, or in relation to, this Act commits an offence.
 (24) In this section:
Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
indemnity legislation means:
 (a) the Medical Indemnity Act 2002; and
 (c) the Medical Indemnity (Run‑off Cover Support Payment) Act 2004; and
 (e) the Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010; and
 (f) the Midwife Professional Indemnity (Run‑off Cover Support Payment) Act 2010.
officer means