Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 229, 1992 - SECT 127

127. Section 1317 of the Principal Act is amended:

   (a)  by inserting in subsection (1) "(including this section)" after

"Division" (twice occurring);

   (b)  by omitting from subsection (1) "or ought reasonably to know";

   (c)  by omitting paragraph (1)(c) and substituting the following
        paragraphs:

"(c) he or she makes a record of the information; or

   (d)  he or she otherwise makes use of the information.";

   (d)  by inserting after subsection (1) the following subsection:

"(1A) Without limiting subsection (1), a person is taken to have known that
the disclosure of the protected information is in contravention of this
Division (including this section) if:

   (a)  the information relates to the affairs of another person; and

   (b)  the form or circumstances in which the information was disclosed would
        have led a reasonable person to believe that the information had come
        from the Department's records; and

   (c)  the circumstances in which the information was disclosed to the person
        would have led a reasonable person to believe that the disclosure of
        the information to the person was not authorised under this Act or the
        1947 Act or by a person acting in accordance with this Act or the 1947
        Act.".