Student Assistance Act 1973

Part 10 - Administration  

Division 3 - Confidentiality  

SECTION 358  

358   MAKING UNTRUE REPRESENTATIONS FOR PURPOSE OF SOLICITING DISCLOSURE OF PROTECTED INFORMATION  

If:

(a) a person solicits the disclosure of protected information from an officer; and

(b) makes representations that the person knows or ought reasonably to know are untrue with the intention of soliciting the disclosure of the information from the officer;

then, whether or not any protected information is actually disclosed, the person commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note 1:

Subsection 4B(2) of the Crimes Act 1914 allows a court that convicts an individual of an offence to impose a fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on the individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act.

Note 2:

For protected information see subsection 3(1) .

Note 3:

For officer see subsection 3(1) .