Commonwealth Consolidated Acts

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CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 150AA

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 150(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 150(4G); and

                     (b)  that person makes a record of, or communicates, the information for the purpose of a proceeding under section 113A of the Registration and Collection Act;

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.



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