Australian Capital Territory Numbered Acts

CANBERRA INSTITUTE OF TECHNOLOGY AMENDMENT ACT 2014 (NO. 55 OF 2014) - SECT 19

substitute

64     Offences—use or divulge protected information

    (1)     A person to whom this section applies commits an offence if—

        (a)     the person uses information; and

        (b)     the information is protected information about someone else; and

        (c)     the person is reckless about whether the information is protected information about someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person to whom this section applies commits an offence if—

        (a)     the person does something that divulges information; and

        (b)     the information is protected information about someone else; and

        (c)     the person is reckless about whether—

              (i)     the information is protected information about someone else; and

              (ii)     doing the thing would result in the information being divulged to someone else.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     Subsections (1) and (2) do not apply if the information is used or divulged—

        (a)     under this Act or another territory law; or

        (b)     in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or

        (c)     in a court proceeding.

    (4)     Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person's consent.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code

, s 58).

    (5)     A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the territory.

    (6)     In this section:

"court "includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

"divulge "includes—

        (a)     communicate; or

        (b)     publish.

"person to whom this section applies "means—

        (a)     a person who is or has been a member of the institute board; or

        (b)     anyone else who has exercised a function under this Act.

"produce "includes allow access to.

"protected information "means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.

Example—protected information

information obtained by the institute about an applicant for admission to a course of study at the institute

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

"use information "includes make a record of the information.

Note     The Crimes Act 1900

, s 153 also deals with disclosure of information by public employees or people performing services for the Territory or a territory authority. This section applies to members of the institute board and anyone else who has exercised a function under this Act.

64A     Ministerial guidelines about fees

    (1)     The Minister may make guidelines in relation to fees that may be charged by the institute for educational products and services it provides that are wholly or partly funded by the Territory.

    (2)     A guideline is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

64B     Determination of rules and procedures

    (1)     The institute may determine rules and procedures for this Act, including—

        (a)     rules for admission to a course of study or instruction of the institute; and

        (b)     rules for admission to assessment by the institute; and

        (c)     procedures for seeking an internal review of a decision of the institute about conferring an award.

Note     Power to make a statutory instrument includes power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act

, s 46).

    (2)     A determination is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.