Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Education, Training and Youth Affairs Legislation Amendment (Application of Criminal Code) Bill 2001
Schedule 1 Higher Education Funding Act 1988

   

1  At the end of Chapter 1

Add:

11   Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

2  Subsection 52(1)

Repeal the subsection, substitute:

             (1)  A person must not require or request a student to quote the student’s tax file number.

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

          (1A)  Subsection (1) does not apply if:

                     (a)  provision is made by or under this Chapter or another law of the Commonwealth for the student to quote the number to the person; or

                     (b)  the person requires or requests the number to be quoted 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 (1A), see subsection 13.3(3) of the Criminal Code .

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:  $1 0,0 00 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 .

4  Subsection 78(4)

Omit “except for the purposes of this Chapter, or otherwise than in the performance of the person’s duties as an officer,”.

5  After subsection 78(4)

Insert:

          (4A)  Subsection (4) does not apply to the extent that the person makes the record of the information, or divulges or communicates the information, for the purposes of this Chapter or in the performance of the person’s duties as an officer.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (4A), see subsection 13.3(3) of the Criminal Code .

          (4B)  For the purposes of an offence against subsection (4), strict liability applies to the physical element of circumstance, that the information was disclosed or obtained under or for the purposes of this Chapter.

Note:          For strict liability, see section 6.1 of the Criminal Code .