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CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 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:

  (i)   the Department; or

  (ii)   the Human Services Department within the meaning of this Act as in force at any time; or

  (iii)   the former Child Support Agency; or

  (b)   information to the effect that there is no information about a person held in the records of the Department, the Human Services Department or the former Child Support Agency.


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