Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 229, 1992 - SECT 126

126. After section 1312 of the Principal Act the following sections are
inserted: Unauthorised access to protected information

"1312A. A person must not knowingly obtain protected information, unless the
person obtains the information:

   (a)  if the person is an officer - in the course of exercising powers or
        performing duties or functions under this Act; or

   (b)  in any other case - with lawful authority. Penalty: Imprisonment for 2
        years. Note 1: subsection 4B(2) of the Crimes Act 1914 allows a court
        to impose an appropriate fine instead of, or in addition to, a term of
        imprisonment. If a body corporate is convicted of the offence,
        subsection 4B(3) of that Act allows a court to impose a fine of an
        amount that is not greater than 5 times the maximum fine that could be
        imposed by the court on an individual convicted of the same offence.
        Note 2: for 'protected information' see subsection 23(1).". Protection
        of protected information - unauthorised access

"1312B. A person must not, directly or indirectly:

   (a)  make a record of; or

   (b)  disclose to any other person; or

   (c)  otherwise make use of; any protected information which the person has
        obtained in contravention of section 1312A. Penalty: Imprisonment for
        2 years. Note 1: subsection 4B(2) of the Crimes Act 1914 allows a
        court to impose an appropriate fine instead of, or in addition to, a
        term of imprisonment. If a body corporate is convicted of the offence,
        subsection 4B(3) of that Act allows a court to impose a fine of an
        amount that is not greater than 5 times the maximum fine that could be
        imposed by the court on an individual convicted of the same offence.
        Note 2: for 'protected information' see subsection 23(1).".